Plan Commission Meetings and Agendas

VILLAGE OF PEWAUKEE
PLAN COMMISSION SPECIAL MEETING MINUTES
October 13, 2020

1. Call to Order and Roll Call

President Knutson called the meeting to order at approximately 6:00 p.m.
Roll Call was taken with the following Plan Commission members present: Comm. Cheryl Mantz, Comm. Eric Rogers, Comm. Jim Grabowski, Comm. Ryan Lange, Trustee Craig Roberts and President Jeff Knutson. Comm. Joe Zompa was excused.
Also Present: Mary Censky, Village Planner; Tim Barbeau, Village Consultant Engineer; Matt Gralinski, Village Attorney; Scott Gosse, Village Administrator; Casandra Smith, Village Clerk.

Items below were presented out of order.

2. Old Business

a. Review and possible action on Conditional Use Grant Amendment request of Mark Van Dehy d/b/a Craft Beer Cellar to cordon-off an outdoor seating area in the parking lot adjacent to their tenant space and permit sales, service and consumption of alcohol therein in association with his permitted use Craft Beer Cellar located at 1230 George Towne Drive-Suite “E”. The property is zoned B-1 Community Business. The property owner is Waterstone Bank.
Comm. Grabowski moved, seconded by Comm. Mantz to approve the outdoor seating area for Craft Beer Cellars at 1230 George Towne Drive Suite E as presented with recommendations:
1) Receipt of signed Conditional Use Grant Amendment before the start of this newly approved outdoor use - seating, sales and consumption of alcohol in a roped off area of the parking lot north of the building and including up to 1 food service truck on October 16th, 2020 and continuing up to 1 time/month thereafter during the months of March – October annually;
2) All tables, chairs, tents,… and other related appurtenances placed outdoors for this event must be sufficiently stable and secure as not to present a public safety hazard in the event of bad weather;
3) The outdoor seating area and/or food truck shall not conflict in any way with the required ADA parking requirements and/or handicapped accessibility to this building and any state or federal level requirements to provide/maintain handicapped accessibility to the temporary outdoor seating area shall also be fully complied with;
4) Applicant shall secure the necessary licensure for alcohol sales, service and consumption in this limited outdoor area of the premises prior to start of the event and shall operate in full compliance at all times with the more restrictive of that licensure and/or any applicable State/Federal laws;
5) Food truck operator must possess all required permits and licensure as may apply to that service/business;
6) Days/Hours of operation shall be limited to October 16th, 2020 from noon to 11 p.m. and up to 1 time per month annually thereafter during the months March – October on the same terms and conditions as to the use, site plan,…;
7) Any substantiated adverse material impacts upon the surrounding area or the community as a whole arising out of the conduct of this use (including for instance but not necessarily limited to noise, traffic/parking, litter, loitering, …) shall be the responsibility of the applicant to correct timely upon request of the Village or this use approval may be subject to modification and/or termination at the Village’s discretion in accordance with Section 40.154(e) of the Land Development Code;
8) Temporary outdoor lighting and/or electronic audio systems sound level, shall not create a nuisance upon surrounding properties;
9) Any proposed signage attendant to this use shall first be reviewed/approved by Village staff, and related permit(s), if/as necessary issued, prior to the installation thereof.
Motion carried by roll call vote 6-0.

b. Review and possible action on Conditional Use Grant Amendment request to modify the permitted starting time for in/out van traffic for the AMW Transport use located at 462 Hickory Street. The property is zoned B-5 Light Industrial District. The property owner is Babi LB Venture, LLC and the applicant is Matthew Quest.
Planner Censky stated that the applicant is proposing three waves, the first leaving at 6:30 a.m., the second at 7:00 a.m., and the third at noon. The applicant has stated that the employees cannot start earlier than 6:30 a.m. due to the opening of the Sussex pick up location. Censky referenced the correspondence received from the applicant which was displayed on the screen. Comm. Grabowski applauded Mr. Quest and AMW for going door to door and addressing the issue head on. Comm. Lange stated this is about being a good neighbor and he see no problem as long as they are considerate. Comm. Rogers asked that this be a temporary trial which would be reviewed at a later date. Comm. Mantz stated she spoke to Administrator Gosse regarding the cease and desist letter sent. The applicant didn’t stop immediately when they received the letter and she asked that the neighbors contact the Village if they do not comply with the new terms. Trustee Roberts stated he is okay with the three waves and asked that it be put on the January agenda. Grabowski stated if there is a big issue it could come before the Commission earlier but he believes February would be more appropriate.
Comm. Grabowski moved, seconded by Comm. Lange to approve the Conditional Use Grant Amendment regarding starting time for AMW Transport located at 462 Hickory Street as stated in the applicant’s submittal with the start time to begin at 6:00 a.m. and 25-30 vans leaving in three waves starting at 6:30 and 7:00 a.m. and 12:00 p.m. along with the following recommendations:
1) Recording of the Conditional Use Grant Amendment prior to the start of revised van operating hours;
2) A provision be added to the Conditional Use Permit adding/itemizing ‘traffic/parking’ to the list of material adverse impacts that must be corrected timely upon notice from the Village and that failure to correct any such problem in a timely manner may result in action to initiate partial or complete revocation or modification of this grant to the extent permitted in accordance with Section 40.154(e) of the Land Development Code.
3) This use will be put on the Planning Commission agenda in February, 2021 for review as to compliance with the specific terms of the Conditional Use Grant.
Motion carried by roll call vote 6-0.

c. Review and possible action on Conditional Use Grant Amendment request to expand the outdoor storage area, garden center and customer ingress/egress yard gating area for Menards located at 1357 W. Capitol Drive. The property is zoned B-1 Community Business with a Planned Unit Development District Overlay and the property owners are Menard, Inc., Chestnut Limited Partnership, and Meadow Creek Limited Partnership. The applicant is Menard, Inc.
Engineer Barbeau stated that he is working with the applicant, Administrator Gosse and Attorney Blum on the sanitary storm sewer easement.
Comm. Grabowski moved, seconded by Comm. Rogers to approve as presented with Planner recommendations as below and staff approval on the sanitary sewer easement.
1) Completion of the rezoning from C-2 to B-1 for any part of the C-2 area proposed to be incorporated into the development prior to recording of the Conditional Use Grant;
2) Recording of the Conditional Use Grant prior to the start of site work or construction activity attendant to this project;
3) Village approval of a Certified Survey Map establishing the revised/new boundaries of the Menard’s property as required to accommodate these plans prior to recording the Conditional Use Grant;
4) Fixture mounting height must not exceed 25 feet in height, or the height of the adjacent building, whichever is less;
5) The five trees proposed to be removed along the south half of the existing east wall be carried forward into the new plan with alternative tree selection and specific placement to be reviewed and approved by Village Staff prior to Conditional Use Grant recording;
6) Any substantiated, material, adverse impacts arising with respect to such things as, (but not necessarily limited to) noise, odor, smoke, light, vibration, litter, loitering, glare, health, parking/traffic, public safety, and similar… arising as result of this use/operation shall be the responsibility of the property owner and/or business operator to correct timely upon notice from the Village and failure to correct any such problem in a timely manner may result in action to initiate partial or complete revocation or modification of this grant to the extent permitted in accordance with Section 40.154(e) of the Land Development Code.
7) Applicant to secure all necessary building, electrical,…and other construction related permits prior to the start of any grading and/or construction/installation activity attendant to this use.
Motion carried by roll call vote 6-0.

d. Review and possible action on Conditional Use Grant request to add the use “Accessory retail sales of goods directly related to or produced in the conduct of the approved principal use on the premises” for Wraith Enterprises LLC d/b/a Wraith Precision in c/o David Prange as proprietor located at 434 Oakton Avenue. The property is zoned B-5 Light Industrial District. The property owner is Anna E. Heise Trust.
Comm. Grabowski moved, seconded by Comm. Lange to approve the accessory retail sales of goods directly related to or produced in the conduct of the approved principle use on the premises of 434 Oakton Ave with the following recommendations:
1) Applicant to secure all necessary building permits prior to the start of any structural modifications, construction or remodeling activity attendant to this retail use;
2) Hours of operation shall be as stated above;
3) Any substantiated, material, adverse impacts arising with respect to such things as, (but not necessarily limited to) noise, odor, smoke, light, vibration, litter, loitering, traffic/parking, glare, health, public safety, and similar… as result of this use/operation shall be the responsibility of the property owner and/or business operator to correct timely upon notice from the Village and failure to correct any such problem in a timely manner may result in action to initiate partial or complete revocation or modification of this grant to the extent permitted in accordance with Section 40.154(e) of the Land Development Code.
Motion carried by roll call vote 6-0.

3. New Business

a. Review, discussion and possible recommendation to the Village Board on the request of Menard, Inc. to reconfigure the lot line(s) between three adjoining parcels located at 1357 Capitol Drive, 1405 Capitol Drive and Tax Key PWV 0901-990-018. The property is Zoned B-1/PUD Overlay and C-2 Conservancy. The property owners are Menard, Inc., Chestnut Limited Partnership and Meadow Creek Limited Partnership.
Engineer Barbeau stated the applicant is looking to expand the current Certified Survey Map to the north and the east. This is just an adjustment of current lot lines. Barbeau stated he received the new survey today and some technical items are being addressed.
Comm. Mantz moved, seconded by Comm. Lange to forward the Certified Survey Map as presented to the Village Board with Planner and Engineer recommendations as presented:
1) Applicant to submit to the Village the DNR certification/approval to remove this area from an environmentally protected status prior to Village Board final approval as to the rezoning.
2) The applicant addresses all technical comments enumerated in Tim Barbeau’s letter to Menards dated September 28, 2020 attached as an official part of the minutes.
3) Confirmation that the pond configuration, grading and southerly side slope is acceptable to Meadow Creek Limited Partnership, owners of the land on which improvements will be made.
4) Language to be drafted indicating Menard Inc as the sole entity charged with all maintenance and repairs of the pond as indicated in the email attached as an official part of the minutes.
5) Preparation and approval of a revised sanitary sewer and water main easement that is
acceptable to Village Director of Public Works.
Motion carried by roll call vote 6-0.

4. Citizen Comments

Wale Edoud with AMW Transport – Mr. Edoud thanked the Plan Commission for making this approval and he hopes to make the neighbors happy too.

5. Adjournment

Comm. Rogers moved, seconded by Comm. Mantz to adjourn the Special Plan Commission meeting at approximately 6:30 p.m.
Motion carried on roll call vote 6-0.

Respectfully submitted,

Casandra Smith
Village Clerk