Public Hearings and Conditional Use Grants on 395 Forest Grove Drive and 462 Hickory Street; consultative feedback to Staff regarding a draft amendment to Chapter 70 of Village Code pertaining to Administrative Exceptions for oversized signs.
Plan Commission Meeting
January 11, 2024 – 6:00 pm
Village Hall
235 Hickory Street, Pewaukee, WI 53072
https://www.youtube.com/live/FYOsgeph5Iw?si=kf1PiXj1NmBrBuDQ
1. Call to Order and Roll Call, Pledge of Allegiance, & Moment of Silence
President Knutson called the meeting to order at approximately 6:01 p.m.
Plan Commission members present: Comm. Mark Grabowski; Comm. Theresa Hoff; Comm. Brian Belt, Trustee Craig Roberts; and President Jeff Knutson.
Excused: Comm. Ryan Lange.
Also present: Village Planner, Mary Censky; Village Engineer, Tim Barbeau; Village Attorney, Matt Gralinski; and Village Deputy Clerk, Jenna Peter.
2. Public Hearings –
a. Conditional Use Grant request of Russell Kramer, d/b/a Redline Power Sports LLC, to locate his motorcycle, ATV, and snowmobile service principal use, plus motorcycle sales accessory use, at tenant space C of the multi-tenant building located at 395 Forest Grove Drive. This 2.5-acre, B-5 Light Industrial zoned property is owned by 1505 LLC. – No comments.
b. Conditional Use Grant request of property owner BABI LB VENTURE LLC, in c/o Matthew Quest, to locate the Pro 2 Pave asphalt and concrete paving contractors’ shop, yard, and office use on approximately the east 2.4-acres of the 4.8-acre, B-5 Light Industrial zoned site located at 462 Hickory Street.
Property owner Matthew Quest introduced himself and said he would be available if the Commission had any questions.
3. Citizen comments – None.
4. Approval of the Minutes –
a. Regular Plan Commission Meeting – December 14, 2023.
Comm. Hoff motioned/seconded by Comm. Grabowski to approve the December 14, 2023, Regular Plan Commission Meeting minutes. Motion carried 5-0.
5. Old Business – None.
6. New Business
a. Conditional Use Grant request of Russell Kramer, d/b/a Redline Power Sports LLC, to locate his motorcycle, ATV, and snowmobile service principal use, plus motorcycle sales accessory use, at tenant space C of the multi-tenant building located at 395 Forest Grove Drive. This 2.5-acre, B-5 Light Industrial zoned property is owned by 1505 LLC.
The applicant stated the business is geared towards service and repairs and no vehicles will be stored or displayed outside of the building after business hours.
Village Planner Recommendations:
1. Not more than three motorcycles may be displayed/parked outdoors for sale at any time and only during hours that the business use is open for business.
2. No materials, equipment, supplies, or similar may be stored outdoors at this site at any time.
3. No vehicles, such as but not necessarily limited to snowmobiles, motorcycles, ATV’s, or similar, may be parked outdoors on this site during hours that the business is not open for business.
4. No vehicles, snowmobiles, motorcycles, ATV’s or similar may be parked/stored on the grass at any time.
5. Any substantiated material adverse impacts upon surrounding properties or the Village generally resulting from this use (including, though not necessarily limited, to noise, odor, litter, animal infestation, loitering, glare, public safety, illegal activity,…) shall be the responsibility of the owner/applicant to correct timely upon notice from the Village and failure to do so may result in revocation of this conditional use grant or portions thereof.
6.Full execution and recording of the CUG document and related Land Covenant prior to the start of business occupancy at this location.
Comm. Grabowski motioned/ seconded by Comm. Belt to approve the Conditional Use Grant Request as presented with the Planner recommendations.
Motion carried 5-0.
b. Conditional Use Grant request of property owner BABI LB VENTURE LLC, in c/o Matthew Quest, to locate the Pro 2 Pave asphalt and concrete paving contractors’ shop, yard, and office use on approximately the east 2.4-acres of the 4.8-acre, B-5 Light Industrial zoned site located at 462 Hickory Street.
Planner Censky stated the applicant is requesting approval to locate his Pro 2 Pave asphalt and concrete paving contractor’s shop, yard, and office use on approximately the east 2.4-acres of the 4.8-acre site. The proposed use would be in lieu of any other tenant occupying this site meaning the Amazon vans use and Wally’s Landscaping would vacate the property. Amazon will be out by the end of the month, however; it had come to Censky’s attention that Wally’s is not vacating until two months from now, causing overlap with the two businesses. Regarding Planner’s recommendations, #6 was inserted for the Commission to give consideration to: “The property owner shall install 2” wooden cedar posts at 10 feet on-center along the surveyed boundary of the floodway on this site. A ten-foot buffer shall be maintained at all times between the placement of any materials, equipment or supplies on this site and the floodway boundary.”
Village Planner Recommendations:
1. Full execution and recording of the CUG and related Land Covenant document prior to the start of occupancy by Pro 2 Pave at this site.
2. No parking or storage of any vehicles, equipment or supplies related to the Pro 2 Pave use may be parked or stored at this site prior to the business occupancy.
3. No parking or storage of any vehicles, equipment or supplies related to the Pro 2 Pave use may be parked or stored at this site prior to complete vacation of the site (as to use, materials, vehicles, equipment, and supplies) related to any existing tenancies.
4. Applicant to comply fully with all local, county, state, and federal regulations pertaining to the storage of any salt product and/or flammable liquids at this site.
5. No flammable liquids storage use is depicted as a part of this plan. Any such plans in the future shall be subject to prior review and approval by Village Staff as to the location, equipment, and screening of such use.
6. The property owner shall install 2” wooden cedar posts at 10 feet on-center along the surveyed boundary of the floodway on this site. A ten-foot buffer shall be maintained at all times between the placement of any materials, equipment or supplies on this site and the floodway boundary.
7. The yard shall not be used for any other purpose than parking and storage unless outdoor business activity shall first and specifically be included under the conditional use grant approval by the planning commission.
8. Materials, equipment, and vehicles, in their parked/stored state, shall not emit any odor or noise discernible from surrounding properties zoned or legally used for residential purposes.
9. The yard shall be surrounded entirely by an opaque fence not less than six feet in height and including an operable and opaque gate to conceal the drive entry to the yard when not in use. The required fence height may be increased, at the planning commissions discretion, to not more than ten feet in height, if the character of items proposed to be parked/stored, or the means of storage (i.e. racking for instance) for an abundance of items in the yard is understood to be taller/higher than six feet. The outward facing side of such fencing shall be suitably landscaped, utilizing perennial trees and shrubs at a rate of no less than one tree and one shrub per 20 feet of fence, the location and type of such plantings being subject to the review and approval of the planning commission in order to maximize the aesthetic and screening benefits of such plantings. Deciduous trees shall be at least two inches caliper at chest height at planting, evergreen tress not less than six feet tall at planting and shrubs in ball or container state with no less than one gallon of native soil surrounding the roots at planting.
10. The required fencing shall be offset not less than ten feet from side and rear lot lines and not less than 50 feet from the ultimate road right-of-way unless there is an existing principal building situated less than 50 feet from the ultimate road right-of-way in which case the required setback for the fencing shall be the average of such existing building setback and 50 feet. If the accessory outdoor storage yard is located adjacent to property that is zoned or legally used for residential purposes, the fencing offset from the side and rear lot lines shall be increased to 20 feet.
11. The entire yard area must be surfaced using either asphalt, concrete, or a thoroughly compacted and dust free gravel base.
12. The surfaced yard area may not be included as open space attendant to below.
13. The materials, equipment, and supplies being stored outdoors may not have an inordinately high propensity toward flammability or combustibility and all areas of the storage yard shall be organized in such a manner as will allow sufficient access for fire protection/suppression as determined by the village's fire chief.
14. No materials, equipment or supplies may be stored in such a manner as would allow for animal infestation or in any other way adversely impact the public health or safety.
15. Any substantiated material adverse impacts upon surrounding properties or the Village generally resulting from this use (including, though not necessarily limited, to noise, odor, litter, animal infestation, loitering, glare, public safety, illegal activity,…) shall be the responsibility of the owner/applicant to correct timely upon notice from the Village and failure to do so may result in revocation of this conditional use grant or portions thereof.
Engineer Barbeau stated no site modifications are being proposed except for the inclusion of outdoor salt and stone bins south of the existing building and the possible addition of a fuel tank at the southeast corner of the existing building. Barbeau stated he is not in favor of having a fuel tank on this site because of the potential run off into the river; however, if it is to be allowed by the Plan Commission the owner should propose how they will address potential spills. Barbeau recommends that the salt storage area be covered with a roof or tarp to minimize any migration of salt to the river.
Discussion followed regarding the odor from the asphalt trucks adversely impacting the neighborhood and the traffic flow of the vehicles going onto and out of the property. The applicant also expressed his concern with needing posts in the middle of the parking lot to mark the floodway due to snow removal.
Trustee Roberts motioned/seconded by Comm. Grabowski to approve the Conditional Use Grant for Pro 2 Pave as presented and subject to Planner and Engineer recommended conditions except with amendments to include in the recommendations that the traffic flow for all business equipment and vehicles (not including auto and light truck daytrip vehicles such as employee, owner, visitor) to and from the property must come and go to the east to/from Forest Grove Rd, include business hours in the CUG document, amend planner conditions item 6 to recommend staff work with the property owner to develop a suitable approach to marking the floodway boundary; excluding any inclusion of any fuel storage at this site until a full plan shall first be submitted to Village Staff for review and approval – such plans to comply fully with all applicable regulations, excluding any inclusion of outdoor salt storage until a full plan shall first be submitted to Village Staff for review and approval – such plans to comply fully with all applicable regulationsto avoid potential of run-off into the river, and to allow the two-month overlap (i.e., February and March, 2024) of Pro 2 Pave with Wally’s Landscape.
Motion carried 5-0.
c. Review, discussion and consultative feedback to Staff regarding a draft amendment to Chapter 70 of the Village Code pertaining to Administrative Exceptions for oversized signs.
Censky explained the Plan Commission is frequently presented with requests for Sign Code waivers for oversized and/or over-height signs. This is commonly due to businesses having excessive setbacks from the public way, challenging topography or visual encumbrances. The Commission has requested to allow the Sign Code Administrator to manage some of these requests to waiver through Administrative Exception up to 100% of the size of the sign. Attorney Gralinski had some comments how the language could be improved such as stating if for some reason the applicant is denied by the Sign Code Administrator, they can still come before the Plan Commission with their request. – No action was taken.
7. Citizen Comments – None.
8. Adjournment
Comm. Grabowski motioned/seconded by Comm. Hoff to adjourn the January 11, 2024, Regular Plan Commission meeting at approximately 7:05 p.m.
Motion carried 5-0.
Respectfully submitted,
Jenna Peter
Deputy Clerk