Plan Commission Meetings and Agendas

VILLAGE OF PEWAUKEE
PLAN COMMISSION MEETING MINUTES
October 8, 2020

1. Call to Order and Roll Call

President Knutson called the meeting to order at approximately 7:02 p.m.
Roll Call was taken with the following Plan Commission members present: Comm. Cheryl Mantz, Comm. Eric Rogers, Comm. Joe Zompa, Comm. Jim Grabowski, Trustee Craig Roberts and President Jeff Knutson. Comm. Ryan Lange was excused.
Also Present: Mary Censky, Village Planner; Tim Barbeau, Village Consultant Engineer; Mark Blum, Village Attorney; Scott Gosse, Village Administrator; Jackie Schuh, Deputy Clerk-Treasurer.

2. Public Hearing

a. 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 Wauwatosa Savings Bank.
No comments.

b. 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.
Matt Quest @ 462 Hickory St. – Mr. Quest, as the property owner expressed his past willingness to work with both the Village and neighbors to address concerns. They have rectified traffic and speed, drainage and noise to the best they can. He is willing to continue to work with everyone going forward. Mr. Quest reminded all that the neighbors did purchase homes bordering a B-5 Business District.

c. 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.
John Zimmerman (Jilly’s Car Wash) @ 1293 Capitol Dr – President Knutson summarized his phone call with Mr. Zimmerman as he was not able to attend tonight’s meeting. Per Knutson, Mr. Zimmerman stated he was very happy that Menards is staying in our community and that they add to the standard of life in the Village and also increase traffic flow for his business. Mr. Zimmerman urges the Commission to allow Menards to move forward with their plans.
Katie Hess @ 659 Westfield Way - Ms. Hess stated she is not opposed to the expansion but she does not know what all of it means. She would like more information and inquired if there are plans to view. Attorney Blum responded to her to visit the Village Hall for details and continue to listen to the rest of the meeting as it is on the agenda for later and there will be more discussion on it. He reminded her that there will be no action on it at this meeting and that she can submit concerns and comments after review to the Village Hall for distribution to the Commission.
Christine Grainer @ 659 Westfield Way – She is concerned about entrances being added on that will lead to their condos. There is too much traffic already and the noise is tremendous.

d. 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.
No comments.

3. Citizen Comments

Sharon Vitek @ 427 Hickory St. – Ms. Vitek stated she has lived at this home for 50 years and she takes offense to Mr. Quest’s attitude regarding those who have purchased homes near the B-5 Business District. She is upset that living trees have been taken down by Quest and that he makes promises and then does not follow through. She does not support the addition of two more buildings to his property.

4. Approval of Minutes

a. Regular Plan Commission Meeting – September 10, 2020
Comm. Mantz moved, seconded by Comm. Zompa to approve the minutes of the September 10, 2020, Regular Plan Commission meeting as presented.
Motion carried by roll call vote 5-0-1 with Comm. Rogers abstaining.

Agenda Items 5b and 6a-i were discussed but not necessarily in order. Item 5a was postponed by consensus to the November Plan Commission meeting.

5. Old Business

a. Review, discussion and feedback to staff regarding portions of the Village of Pewaukee Comprehensive Plan update in progress – i.e. Chapter 7-Land Use. There may also be discussion regarding the relationship(s)/connectivity of the material in these chapters to the recently completed Village of Pewaukee Strategic Plan Update.
This item was postponed by consensus to the November, 12, 2020 Plan Commission meeting.

b. Review, discussion and possible recommendation to the Village Board regarding creation of a proposed new Housing for the Elderly Overlay Zoning District.
President Knutson reminded the Commission that he, Trustee Roberts and staff were tasked with creating language to be presented to the Commission. Items changed included 30 units per buildable acre being lowered to 20 while giving the Commission discretion in adjusting that number if criteria fits, some definitions that were put in place to clarify meaning and designation of a minimum lot size of 2 buildable acres.
Trustee Roberts moved, seconded by Comm. Rogers to recommend approval to the Village Board for the Housing for the Elderly Overlay Zoning District.
Motion carried by roll call vote 6-0.

6. New Business

a. Review, discussion and possible action on sign code waiver request in order to rebrand the Stop-n-Go store by building and canopy color/material changes which also includes replacing the several existing signs with new units requiring waiver. This property is owned by Andrew Bowman. The applicant on his behalf is La Crosse Sign Group in c/o Cindy Bluske. The property is located at 405 Ryan Street and it is zoned B-1 Community Business District.
Per Planner Censky the applicant seeks approval to replace an existing freestanding sign with a sign that is slightly smaller. The size proposed is within guidelines of the code, but it is a changeable electronic messaging sign, which requires the Commission’s approval. In addition, the applicant seeks approval to replace the three existing logo signs (approximately 9 sq.ft. in area/each) with new logo signs that are approximately 18 sq.ft. The Village typically treats gas canopy signs the same as principal building signs, allowing 1/street frontage up to 40 sq.ft. in area each. There is an existing wall sign (approximately 64 sq.ft. in area) on the gas station/store principal building that is proposed to be replaced with a smaller unit - ~18 sq.ft. in area.
Comm. Rogers moved, seconded by Comm. Grabowski to approve the sign code waiver to allow replacement of the existing signs at the site including an electronic messaging sign with the following recommendations of Planner Censky:
1) With permission for total of 4 wall signs where two would ordinarily be permitted under Code regulations, the owner/applicant is advised that possibility for a future second freestanding sign and/or additional wall signs on the gas canopy or principal store building is forgone;
2) The intensity of illumination of the electronic message sign shall at no time be so bright as to distract or interfere with the safety of motorists on the adjoining public streets;
3) The image in display on the electronic message sign shall not blink, scroll, flash, wave, rotate or change color or content more frequently than once per every 60 seconds;
4) Applicant to secure all necessary permits, such as but not limited to Sign Permit, Electrical Permit,… prior to placement/installation at the site.
Motion carried by roll call vote 6-0.

b. Review and discussion 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 Wauwatosa Savings Bank. NO ACTION WILL BE TAKEN AT THIS MEETING.
Per Planner Censky, the applicant is seeking a CUG amendment to hold a special 3rd anniversary celebration event on Friday, October 16th, 2020 from noon – 11p.m. and to include a 50 ft. x 50 ft. roped off area outdoors in the parking lot north of the building for seating, sales and consumption of alcohol. The roping plans will include a limited and staffed entry/exit point to check id’s, limit carryout, etc. They also propose a food truck vendor parked near the front of the tenant space to supplement the food service options they offer. Electronic audio will be used in the outdoor space to supply music. Trash receptacles will be added in the outdoor area. Minimal accessory lighting is proposed to in order supplement the existing building and parking lot lighting to the extent needed after dark. The restrooms facilities inside the tenant space will service the outdoor use as well. Takedown of all appurtenances related to the outdoor event will be complete by the end of the next day. In addition to this event, and in light of the required spacing needs due to the pandemic, the applicant would like the opportunity to conduct outdoor events of this same type (though not commemorating an anniversary), 1 time/month during the months March – October going forward. All other elements of the building exterior, the site and the other use occupancies will remain unchanged as a part of this request. Planner Censky presented a list of recommendations to the Commission, including recording of the CUG amendment before any of the events are to take place. Administrator Gosse requested that a change be made to that recommendation to reflect a signed and received CUG Amendment instead so as to allow the applicant to proceed with their first event. Discussion in favor of the event/events followed. Attorney Blum clarified that the CUG Amendment should still be recorded to which Gosse confirmed that it would still be recorded. Mark Van Dehy indicated that the correct property owner is Waterstone Bank as it was listed incorrectly on the agenda.
No action was taken at this meeting.

c. Review and discussion 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. NO ACTION WILL BE TAKEN AT THIS MEETING.
Planner Censky explained that the current, approved hours for operation of vans entering/exiting this site per the Conditional Use Grant approved on February 13, 2020 are 8 a.m. through 8 p.m. daily. She verified that there have been violations in the past that have since been corrected. Per Censky, the applicant requests an amendment to this Conditional Use Permit in order to expand the van operating hours in/out of the site to 6 a.m. through 8 p.m. daily. Censky pointed out to the extent the applicant can demonstrate that this change/expansion in van operating hours will not exacerbate or might even, to some extent, mitigate the adverse impacts as to traffic congestion, public safety and/or noise which are reportedly already occurring upon the surrounding area and/or Village as a whole, then she would not raise any specific other objection to this request as presented. Discussion followed regarding the possible negative impact to the surrounding residential area should an earlier start time be allowed due to increased traffic, noise and disturbances at an even earlier hour than before. General consensus was that an earlier time, even with staggering of vehicles to alleviate traffic issues, would have a more negative impact than positive. Mr. Quest was asked to speak regarding the request to amend the hours of operation. He cited start times of other businesses in the B-5 Business District and requested to be treated just like every other business in the area. The earlier start times are an attempt to mitigate traffic issues, per Quest. He emphasized his willingness to work with the Village and the neighbors. Comm. Rogers would like to see them respect and follow the rules already in place before granting earlier start times. Comm. Grabowski inquired as to what granting a start time of 6am will do if they had already been operating at that time and there was still a traffic issue. The Commission in general did not respond favorably to expanding hours unless it would possibly include staggering of vehicles.
No action was taken at this meeting

d. Review and discussion 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. NO ACTION WILL BE TAKEN AT THIS MEETING.
Planner Mary Censky shared a depiction of the property as it relates to Menards. Per Censky, the applicant seeks approval to expand the garden center to the east while retaining the same wall-type enclosure as is currently in place around the east perimeter. The offset to the new east lot line where the expansion occurs is proposed to be 10 feet as is required by Code. The wall along the east perimeter continues in relocation eastward heading north to the proposed new north lot line. From there it turns west and continues all the way through until connecting with the east side of the proposed new warehouse building to be located immediately north of and connecting with the existing warehouse building. To the extent the back(north) side of the new warehouse building forms the outer view, it will be constructed of the same materials/colors,… as the visible back of the existing warehouse building. Some new landscaping is proposed as is an addition onto the west end of the existing yard entry gate to create a third pass-through. The two existing lanes will be entry for customer order pick-ups and to-store deliveries – the new lane will become the exit-only lane. Building height, materials, colors,… will all be consistent with the existing yard entry gate structure. Offset to the west lot line will be ~3 feet where 10 feet is required by Code. A revised outdoor lighting plan is submitted in support of this project which makes use of Code-compliant fixture types and offers a compliant dispersion plan. Fixture mounting height must not exceed 25 feet in height, or the height of the adjacent building, whichever is less. Engineer Tim Barbeau explained that there will be no new connections to the sanitary sewer and water although it will run just to the right of the new proposed rack system. Director of DPW Dan Naze is ok with the location as long as there is written agreement as to how they would access the sanitary line if needed, including removal of the rack system and excavation. Naze and Barbeau will determine if there are any improvements needed before it is covered over. There will not be much site grading on the east side but the grading on the north side will result in a 2:1 slope at the pond and the DNR requires a 3:1 slope. The DNR has agreed to the 2:1 based on the owner’s acceptance to all maintenance of the slope and pond. Email correspondence between Menard Inc representative Tyler Edwards, property owner Jim Forester, Engineer Tim Barbeau and Administrator Scott Gosse details the agreement of Menard Inc, that upon approval of the redesign of the stormwater detention pond including sloping and access of the pond, to be fully and completely responsible for all future maintenance, repair, reconstruction and regulatory compliance of the stormwater detention pond and systems related for all areas it now serves and for all undeveloped areas for which it is designed to serve. A copy of said email correspondence is on file at the Village Hall. Menards will do excavation to meet current rules and will raise the berm on the west and north end so as to meet 100-year storm requirements. Fire access will be further to the north and tighter up against the roadway than before. Barbeau stipulated that the plans must show how fire access will be made. Attorney Mark Blum clarified that Menards would be putting wood storage racks over an existing easement. Barbeau confirmed. Blum indicated that language must reflect that, should the Village need to excavate the area, the removal of the racks and restoration of the area would be at the expense of Menard Inc and not the Village of Pewaukee. Discussion followed in regards to how the conservancy will be affected, the confirmation that the rear look of Menards will essentially be unchanged to neighbors and lighting changes that are proposed to the interior of the walls.
No action was taken at this meeting.

e. Review, discussion and possible recommendation to the Village Board on the rezoning request of Menard, Inc. to remove a portion of the property located immediately north of the Menards outdoor storage area at 1357 W. Capitol Dr. from current C-2 Conservancy District and rezone it to B-1 Community Business District w/ Planned Unit Development (PUD) District Overlay. The current property owner is Meadow Creek Limited Partnership.
Planner Censky showed on-screen the area in question and relayed the applicant’s request that the Planning Commission remove what is believed to be an artificial area of conservancy land located north of the Menard’s north wall. The area is targeted for reconstruction as a part of a pending store expansion plan at the site. Per Censky, the applicant has engaged the DNR in this process of determining actual “artificial” status in which case the motivation to preserve through the C-2 Conservancy Zoning may become moot. Engineer Barbeau confirmed that the DNR deems this a man-made pond and that it is not subject to their regulation.
Comm. Mantz moved, seconded by Comm. Grabowski to recommend advancement to the Village Board for re-zoning from the current C-2 Conservancy District to B-1 Community Business w/ Planned Unit Development District Overlay with the following recommendation of Planner Censky:
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.
Motion carried by roll call vote 6-0.

f. Review and discussion 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. NO ACTION WILL BE TAKEN AT THIS MEETING.
Per Planner Censky, the applicant has an approved light industrial business occupancy and would like to carve out a small area within his existing tenant space for retail sales of equipment and supplies related to his light industrial use. The proposed hours of operation for this retail sales component of the overall use would be Sunday & Monday-closed, Tuesday – Friday 10:00 a.m.-6:00 p.m., and Saturday 10:00 a.m. – 2:00 p.m. The applicant advises that he does not expect this retail element to alter the total number of customer trips/day or the number of employees needed at this time. The applicant has access to more than ~5 of the parking spaces in the existing, gravel, shared lot that serves this multi-tenant building. These will be used for customer and staff parking. Per Censky, there are no changes proposed to the exterior of the building, site, exterior lighting or landscaping. Signage is not requested at this time. The Commission responded favorably to the request.
No action was taken at this meeting.

g. Review, discussion and possible recommendation to the Village Board on the request of property owner/applicant AMTA Investments LLC, in c/o Tara and Dan Stetler, to modify the underlying Comprehensive Plan-Land Use Plan Map Element designation for this property from current Institutional to proposed Multi-Family Residential for the property located at 357 Morris Street.
Planner Censky reviewed the generally favorable feedback the Commission expressed at the August 20, 2020 meeting. The applicant now requests formal action of the Planning Commission as a recommendation to the Village Board to modify the Comprehensive Plan-Land Use Plan Map Element designation of this property from Institutional to Multi-Family Residential. Per Censky, the same would apply to the re-zoning in the next item. Comm. Zompa requested that Trustee Roberts relay to the Village Board the Commission’s thoughtfulness to the sensitive nature of adding multi-family housing to the Village.
Comm. Zompa moved, seconded by Comm. Grabowski to recommend to the Village Board to modify the underlying Comprehensive Plan-Land Use Map Element designation for 357 Morris Street from current Institutional and Public Service to Multi-Family Residential.
Motion carried by roll call vote 6-0.

h. Review, discussion and possible recommendation to the Village Board on the rezoning request of property owner/applicant AMTA Investments LLC, in c/o Tara and Dan Stetler, to rezone the property located at 357 Morris Street from current IPS-Institutional & Public Service District to R-M Multi-Family Residential District.
Comm. Rogers moved, seconded by Comm. Zompa to recommend to the Village Board to rezone the property at 357 Morris Street from current IPS-Institutional & Public Service District to R-M Multi-Family Residential District with the following recommendation of Planner Censky:
1) The process of amending the underlying Land Use Plan Map designation of this property must first be completed as will ensure that this rezoning will be consistent with the Village’s Comprehensive Plan-Land Use Plan Map Element.
Motion carried by roll call vote 6-0.

i. Discussion and possible action on scheduling a special meeting for action on the Conditional Use Grant application items which were the subject of public hearings, reviewed and discussed at tonight’s meeting but not slated for immediate action due to the Zoom format of the meeting.
The Commission scheduled a special meeting for Tuesday, October 13, 2020 via Zoom to begin at 6pm by consensus.

7. Citizen Comments

Matt Quest @ 153 Park Ave – Mr. Quest explained to the Commission that the start time violations for AMW Transport were an oversight and that as soon as they were notified of the violation, they had temporarily moved the early wave of the operation off-site from 462 Hickory St so they would no longer be in violation.

8. Adjournment

Comm. Rogers moved, seconded by Comm. Grabowski to adjourn the Regular Plan Commission meeting at approximately 9:20 p.m.
Motion carried on roll call vote 6-0.

Respectfully submitted,

Jackie Schuh
Deputy Clerk-Treasurer