July 3, 2024

7/11/2024 Plan Commission Meeting

Public Hearing and Conditional Use Grant on 316 Oakton Ave, discussion on Ordinance to create section 40.3674A(2) regarding the conversion of an outlot to buildable Single-Family Residential, discussion on business site plan modification for Pewaukee High School at 510 Lake Street.

Plan Commission Meeting
July 11, 2024 – 6:00 pm
Village Hall
235 Hickory Street, Pewaukee, WI 53072

https://www.youtube.com/live/iqmim24m8H0?si=zcy2qHYKd_3e_vbW 

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. Theresa Hoff; Comm. Brian Belt; Trustee Bob Rohde, and President Jeff Knutson.
Excused: Comm. Sam Liebert and Comm. Mark Grabowski.

Also present: Village Attorney, Matt Gralinski; Village Planner, Ben Kohout; Village Engineer, Tim Barbeau; Village Administrator, Scott Gosse; and Village Clerk, Jenna Peter.

2. Public Hearings –
a. Conditional Use Grant request of applicant Maggie Spada to construct a 1,938 sq. ft. office building with the existing detached garage (approximate 555 sq. ft.) proposed to remain in place.  The existing garage is approximately 5.5’ off of the side lot line where a 10’ offset is required (Section 40.270) and approximately 2’ off of the public alley where a 15’ setback is required (Section 40.269).  This 0.2-acre parcel, located at 316 Oakton Avenue, is zoned B-2 Downtown Business District.  - No comments.

3. Citizen Comments –
Mark Bunker @322 Oakton Ave -  Mr. Bunker questioned when the AirBNB ordinance was acted on and approved. He owns the neighboring property to 316 Oakton Ave and believes the building changes will be a good addition to that area.

4.  Approval of the Minutes
a. Regular Plan Commission Meeting – June 13, 2024.
Trustee Rohde motioned/seconded by Comm. Hoff to approve the June 13, 2024, Regular Plan Commission Meeting minutes as presented.
Motion carried 4-0.

5. Old Business
a. Review, discussion, and possible recommendation to Village Board regarding draft Ordinance to Create Section 40.3674A(2) of the Municipal Code of the Village of Pewaukee Regarding the Conversion of an Outlot to Buildable Single-Family Residential Use Status in the Residential Infill-Redevelopment Overlay District
Comm. Belt motioned/seconded by Comm. Hoff to recommend adoption of the Ordinance as written to the Village Board.
Motion carried 4-0.

6. New Business
a. Review, discussion, and possible action on the proposed business site plan to construct a 1,938 sq. ft. office building and a conditional use grant to allow the existing detached garage (approximate 555 sq. ft.) remain in place.  This 0.2-acre parcel, located at 316 Oakton Avenue, is zoned B-2 Downtown Business District.  Property owner is Positivo, LLC (Applicant Maggie Spada).
Administrator Gosse explained that it was not caught on first review that the proposed new building will be less than 1 ½ stories. The applicant will need to come back for the August 8th meeting for a conditional use grant to allow for the 1 story building. Gosse also stated the garage needs to be included as an allowable use in the CUG.

Engineer Barbeau stated a site grading and drainage plan was requested but was not received. They are proposing a rain garden, but do not address what happens to the water if the rain garden overflows. The plan should indicate that there will be now increase in water flow to any neighbor. Barbeau received comments from the Village Director of Public Works as follows:
1. Provide televising video showing the sanitary sewer lateral from basement to the main. If it is in poor condition and has substantial leaks, it may need to be lined or replaced.
2. Schedule an appointment with the Water Department staff to identify the water service material.  If service material is lead, the applicant will be required to replace the water service to the curb stop.
3. Any sidewalk panels with cracks, spalling, or missing pieces, or panels which create a tripping hazard will be marked by the Village staff and must be removed and replaced by applicant.
Comm. Hoff motioned/seconded by Comm. Rohde to defer this agenda item to the August 8th

b. Review, discussion, and possible action on the proposed business site plan to modify portions of the Pewaukee High School to demolish 16,690 SF and construct 34,950 SF.  This 80-acre parcel, located at 510 lake Street, is zoned IPS Institutional and Public Service District. The property owner and applicant is the Pewaukee School District.
Village Planner, Ben Kohout, explained the Pewaukee School District is proposing to demolish 16,690 sf of the existing building on the west side of the high school and construct a 34,950-sf building in its place; resulting in a total of 18,260 in additional square footage. The project will be completed in 2 phases. Mr. Kohout noted that the plans did not show building height information, and that height and architecture standards would need to be reviewed through a subsequent submittal for a Site Plan review and recommendation by the Planning Commission to the Village Board prior to approval.
Village Planner Recommendations:
1. That a future Business Site Plan approval is required for the architecture and any other structural element within the project area (lighting, etc.).
2. That the petitioner operates at their own risk for any construction activities for this approval without
having architectural approvals by the Plan Commission.
3. That all conditions made by the Plan Commission at their meeting of July 2024 pertaining to architecture, site design, landscaping, lighting, grading, parking, or other, are met.
4. This Site Plan/Plan of Operation approval is subject to the Petitioner complying at all times with the plans and documents presented to the Village of Pewaukee Plan Commission. The existing site plan/plan of operation shall remain in effect, except as further restricted or modified herein.
5. The Petitioner shall satisfy all comments, conditions, and concerns of the Village of Pewaukee Plan
Commission and Board, Village Engineer and Village Planner for the site plan, and other documentation.
6. Building Inspection. The Petitioner and/or Property Owner shall comply with any and all
recommendations by the Village Building Inspector (or designee) prior to the issuance of an occupancy & use permit for the subject property. Approval by the Village Building Inspector, if granted, shall be solely for the benefit of the Village of Pewaukee, and shall not be relied upon by the petitioner or others as proof of structural integrity or safety of any structure on the property, or as proof of compliance with any particular construction standard that would apply to new construction. The petitioner shall independently determine the suitability of all structures on the property for the petitioner’s intended uses.
7. Fire Inspection. The Petitioner and/or Property Owner shall comply with any and all recommendations by the Village of Pewaukee Fire Department Chief (or designee) prior to the issuance of an occupancy & use permit for the subject property. Approval by the Village of Pewaukee Fire Department Chief (or designee), if granted, shall be solely for the benefit of the Village of Pewaukee, and shall not be relied upon by the petitioner or others as proof of fire safety of any structure on the property, or as proof of compliance with any particular fire safety standard that would apply to new construction. The petitioner shall independently determine the fire safety and suitability of all structures on the property for the petitioner’s intended uses.
8. This approval is granted for the express conditions stated herein. Changes or alterations including, but not limited to, a change in use, premises, lands, or ownership of the property in question shall require a new Business Site Plan approval with all the zoning procedures at the time being followed. The allowed uses of the property must at no time be hazardous, harmful, obnoxious, offensive, or a nuisance by reasons of appearance, noise, dust, smoke, odor, or other similar factors. Any use not specifically listed, as permitted, shall be considered to be prohibited, except as may be otherwise specified herein.
9. The Property Owner shall keep the exterior condition of the premises in a neat and orderly condition at all times so the premises will not detract from neighboring premises. There shall be no outside storage of junk, debris, construction material, or other refuse materials within the property and all such materials shall be disposed of promptly and properly.
10. The Property Owner shall allow Village of Pewaukee representatives to inspect the premises following a 24-hour notice for the purposes of determining compliance with this approval.
11. The Petitioner and/or Property Owner shall obtain the appropriate permits from the Village of Pewaukee.
12. The Petitioner and/or Property Owner shall, on demand, reimburse the Village of Pewaukee for all costs and expenses of any type incurred by the Village in connection with the review and approval of this application, including, but not limited to, the cost of professional services incurred by the Village for the review and preparation of required documents, attendance at meetings or other related professional services as well as to enforce the conditions in this approval due to a violation of these conditions.

Engineer Barbeau explained a new parking area is proposed south of the new building. He has requested the applicant provide a plan that shows how a fire vehicle can traverse through the parking area, what type of vehicle it will be, and confirmation from the fire department that it is satisfied that adequate access can be maintained. He stated the current water main will need to be re-routed to the south through the new parking lot, then east, south of the future indoor practice facility and then north to reconnect to the existing water main near the new synthetic turf softball field.

There was discussion over the parking lot landscaping.  Planner Kohout explained in the staff summary presented that landscaping islands are technically required to comprise 10 percent of the parking area.  Planner Kohout clarified the proposal is counting the corners of the parking area, which were left in green space and grass area that counted towards that 10 percent requirement.  The applicants’ engineer explained counting in this way provided for maximum parking spaces, and they believe retaining as many parking spaces as possible for school events was needed.  Following discussion, the Plan Commission agreed to count the corners of the parking area in lieu of additional internal landscaped islands towards this 10 percent total.  
Trustee Rohde motioned/seconded by Comm Belt to approve the plans presented with the planner’s, engineer’s, fire department, and Department of Public Works recommendations and reports.
Motion carried 4-1. Comm. Hoff voting Nay.

7. Citizen Comments – None.

8.  Adjournment
Trustee Rohde motioned/seconded by Comm Belt to adjourn the July 11, 2024, Regular Plan Commission meeting at approximately 7:02 p.m.

Respectfully submitted,

 

Jenna Peter
Village Clerk

 

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