Plan Commission Meetings and Agendas

VILLAGE OF PEWAUKEE
PLAN COMMISSION MINUTES
March 11, 2021

1. Call to Order and Roll Call

President Knutson called the meeting to order at approximately 7:01 p.m.
Plan Commission members present: Comm. Jim Grabowski, Comm. Cheryl Mantz, Comm. Eric Rogers, Comm. Joe Zompa, Comm. Ryan Lange, Trustee Craig Roberts and President Jeff Knutson. 
Also present: Village Planner Mary Censky; Village Engineer Tim Barbeau; Village Attorney Mark Blum; Village Administrator Scott Gosse; Deputy Clerk-Treasurer Jackie Schuh;

2. Public Hearings

a. To utilize the second-floor space as an “indoor entertainment facility” through “mixing of multiple principal uses” at the Chiropractic & Wellness on Pewaukee Lake building located at 221 W. Wisconsin Avenue. The applicant is Dr. Tad Diciaula and Sarah Diciaula d/b/a The Loft on the Lake. The property owner is Jade Reef Properties LLC. The property is Zoned B-2 Downtown Business District. NO ACTION WILL BE TAKEN AT THIS MEETING.
None.

b. To utilize the space at 1463 Capitol Drive-Suite A for a tropical smoothies and sandwich’s type dine-in and fast food restaurant. The applicant is Danijela Milic d/b/a Tropical Smoothie Cafe. The property owner is REI Equity Partners 6 LLC. The property is Zoned B-1 Community Business District with Planned Unit Development (PUD) Overlay. NO ACTION WILL BE TAKEN AT THIS MEETING.
John Bennett @ 211 S Ritter Ave, Indianapolis, IN 46219 - Mr. Bennet introduced himself as respresenting Tropicla Smoothie Cafe.  He wanted the Commission to know he is there for any questions they may have.

3. Citizen Comments – 

Susan Caveney @ N59W24755 Quail Run Ln, Sussex - Ms. Caveney briefly spoke regarding the signs for item 6(f).  She was there representing Holy Apostles Aglican Church.

4. Approval of the Minutes:

a. Regular Plan Commission Meeting – February 11, 2021
Comm. Grabowski motioned, seconded by Comm. Mantz to approve the minutes of the February 11, 2021 Regular Plan Commission Meeting as presented. 
Motion carried by roll call vote 6-0-1 with Comm. Zompa abstaining.

b. Special Plan Commission Meeting – February 16, 2021
Comm. Mantz motioned, seconded by Comm. Rogers to approve the minutes of the February 16, 2021 Special Plan Commission Meeting as presented.  
Motion carried by roll call vote 5-0-2 with Comm. Lange and Comm. Zompa abstaining.

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.
Planner Censky reminded the Commission that there are three areas left that have not been addressed.  The Commission previously decided that two would be taken out of the Strategic Plan as there are proposed project developements pending for both 449 W. Wisconsin Avenue and 321 Riverside Drive.  The third and final is the farmland on both sides of Sussex Street at Ole Dairy Road.  Challenges for this area are getting water and sanitary sewer to the property.  Land Use is currently single family residential with a zoning classification of R-1 Single Family Residential.  Comm. Zompa believes it represents a perfect opportunity as it is located close to Simmons Park.  He feels higher end homes could easily fit there although the challenges do remain as far as services are concerned.  Per Roberts, the lots sizes allowed in the R-1 are 1-acre and services could possibly extend through existing developements.  Discussion followed regarding how to get services to the area, possible septic and well and the sewer service boundary.  The Commission favored leaving the area as single family residential.

6. New Business

a. Discussion and Possible Action on Concurring with Sale of Future Village Property at 449 W. Wisconsin Avenue
sale of school, gymnasium and rectory.
Administrator Gosse reviewed State Statutes that indicate that the Village Board shall refer to the Plan Comission the sale of the property "for its consideration and report before final action is taken" by the Village Board.
Comm. Grabowski motioned, seconded by Comm. Rogers to concur with the sale of approximately 14 acres of land to be owned by the Village after closing on the purchase of the St. Marys property to Cornerstone Development.
Motion carried by roll call vote 7-0.

b. Review, discussion and possible recommendation to the Village Board of a certified survey map proposed to consolidate and reconfigure the existing 8 contiguous lots at and surrounding 449 W. Wisconsin Avenue into 2 lots plus 1 outlot. The applicant/property owner is Village of Pewaukee on behalf of Queen of Apostles Congregation respectively. The property is currently zoned IPS, Institutional and Public Service District and R-5, Single Family Detached Residential District.
PLanner Censky reviewed the proposed certified survey map and the configuration of parcels. Per Censky, each of the lots/outlots has direct public road frontage and are code compliant as to minimum size and width.  Lot 1 will have 2 principle buildings on it at the time of recording this map.  Engineer Barbeau explained that details of the 50-ft wide access easement to the westerly side of the cemetery (outlot 1) will need to be developed as part of a separate document that is recorded at the same time as this CSM, and therefore, the easement document number will need to be inserted on the CSM at that time.  Barbeau recommended approval of the CSM dated March 2, 2021.
Comm. Grabowski motioned, seconded by Comm. Rogers to recommend to the Village Board the certified survey map proposed to consolidate and reconfigure the existing 8 contiguous lots at and surrounding 449 W. Wisconsin Avenue into 2 lots plus 1 outlot with the following recommendations:
1) In order to comply with Sec. 40.418 of the Village Code, a provision should be noted on the map or a similar commitment memorialized, agreeing that at least one of the two existing principal buildings located on Lot 1 will be razed/removed within 12 months of recording the CSM;
2) Village Attorney review and approval of the easement documents prior to recording the CSM and related easements;
3) Village Engineer review and approval as to the technical accuracy of the CSM and closure in it’s legal description.
Motion carried by roll call vote 7-0.
4) Acknowledgement that the access easement document(s) must be prepared and recorded with the CSM.
Motion carried by roll call vote 7-0.

c. Review, discussion and consultative feedback to applicant John Wahlen of Cornerstone Development (d/b/a The Glen at Pewaukee Lake) regarding his concept plan to develop 46 single family detached condominium homes on the sites of and surrounding old St. Mary School and Rectory properties at approximately 449 W. Wisconsin Avenue and west of 359 Evergreen Lane respectively. The properties are currently zoned IPS, Institutional and Public Service District and R-5, Single Family Detached Residential District. The property owner is Queen of Apostles.
Per Censky applicant is looking for feedback from Commission regarding a conceptual plan of a 46-unit single-family development with an average minimum total lot size that falls within code requirements, although some lots fall short of the required minimum lot size of 7,000 sq. ft. Mr. John Wahlen of Cornerstone Development described the private-street layout, homes, clubhouse, pickleball and bocce ball courts and varying lot sizes of the development.  Per Wahlen there will be a private homeowners association that will maintain the streets, sidewalks, driveways and lawns.  There will also be sidewalks leading to both the clubhouse and the downtown/lakefront area. Of concern to some on the Comission were the private streets and their maintenance, flooding and drainage issues for homes at the bottom of the development and the small size of some of the lots.  In general, the Commission responded favorably to the proposed development although they would like some adjustment to some of the lot sizes so as to be more in line with the infill district code.

d. Review and discussion regarding the Conditional Use Grant application to utilize the second floor space as an “indoor entertainment facility” through “mixing of multiple principal uses” at the Chiropractic & Wellness on Pewaukee Lake building located at 221 W. Wisconsin Avenue. The applicant is Dr. Tad Diciaula and Sarah Diciaula d/b/a The Loft on the Lake. The property owner is Jade Reef Properties LLC. The property is Zoned B-2 Downtown Business District. NO ACTION WILL BE TAKEN AT THIS MEETING.
Planner Mary Censky reviewed that the second-floor space of the chiropractic services building was originally intended as a yoga studio with a small kitchette-type space.  The applicant is now seeking to utilize the space as a rentable gathering space for up to 49 people.  No food or alcohol will be served, although lessees may cater their own events or carry-in.  The space will only be rented outside of downstairs business office hours.  Per Censky, although available parking meets the current code, it may be too little for the size gatherings proposed.  Discussion followed regarding parking constraints for both the applicants intended renters, the general public, as well as other area businesses.  The Commission, although expressing some concern for the parking constraints, was generally favorable to the idea of the gathering space.  
No action was taken at this meeting.

e. Review, discussion and possible recommendation to the Village Board of a certified survey map proposed to combine a vacant ~2.08 acre ”land locked” lot which is located in the City of Pewaukee with an 11.43 acre developed parcel of land in the Village of Pewaukee. The applicant and property owner of both lots is Anthony Bryant d/b/a Century Fence. The Village of Pewaukee parcel located at 1300 Hickory Street, is zoned B-5 Light Industrial District.
Planner Censky reviewed the applicants desire to combine two parcels, one in the Village of Pewaukee and one in the City of Pewaukee, to create a new parcel that meets the Villages required minimum 1 acre/100 ft. lot size/width for the B-5 District.  A petition for detachment from the City in 2016 was denied, but the City of Pewaukee Plan Commission and Common Council have approved the CSM being presented.  The applicant is looking to expand solely to increase their square footage of outdoor storage.  Per Censky, because the only public road and public servies acess available to serve any future use/development of this City portion of the proposed parcel would be through and using Village of Pewaukee roads/services, she wants to ensure the Villages infrastructure can support the proposed uses of this City portion now and in the future. Engineer Barbeau stated the CSM is compiant and ready for approvel from his standpoint.  Attorney Blum would like two items addressed: 1) that approval of the CSM does not indicate a willingness to extend sanitary sewer to the sight in the future, and 2) any future additions will require a site plan at that time.
Comm. Grabowski motioned, seconded by Comm. Lange to recommend to the Village Board the certified survey map proposed to combine a vacant ~2.08 acre land-locked lot which is located in the City of Pewaukee with an 11.43 acre developed parcel of land in the Village of Pewaukee with the following recommendations:
1) Village Engineer review and approval as to the technical accuracy of the map and it’s closure in the legal description
2) Village Attorney review and approval of any other documents/agreements/restrictions he may recommend as a condition of this Certified Survey Map approval request
3) Approval of the CSM does not indicate a willingness to extend sanitary sewer to the sight in the future
4) Any future additions will require a site plan at that time
Motion carried by roll call vote 7-0.

f. Review, discussion and possible approval of a Sign Code waiver to permit a second freestanding sign (i.e. a cross) in the streetyard of their Holy Apostles Anglican Church located at 142 Lake Street. The applicants are Susan Caveney and Fr. John Armstrong on behalf of property owner Anglican Church of the Apostles. The property is zoned IPS Institutional and Public Service District.
Planner Censky explained that although there is a code-compliant, freestanding sign at this site, the applicant is requesting to add a second freestanding sign in the form of a cross.  Per code, one sign is allowed per street frontage.  The proposed cross has a face area of 8 sq. ft.  The applicant is also proposing to increase the width of their existing freestanding sign by no more than 3 ft.
Comm. Grabowski motioned, seconded by Comm. Zompa to approve a sign code waiver to permit a second freestanding sign (i.e. a cross) in the streetyard of their Holy Apostles Anglican Church located at 142 Lake Street, and to approve the sign code waiver for increasing the width of their existing sign with the following recommendations:
1) No new lighting is proposed or approved as a part of this request. If any is desired in the future it shall be subject to the applicable Code requirements;
2) Applicant to secure all necessary permits, such as but not limited to Sign Permit, Building Permit,… prior to placement/installation at the site.
Motion carried by roll call vote 7-0.

g. Consultative review, discussion and feedback on concept plans received from WCTC (in c/o Jeffrey Leverenz as Director, Facilities & Operations) to construct a new fire training building in the southwest area of campus near the existing fire training building. The property is located at 800 Main Street and it is zoned IPS Institutional and Public Service District.
Planner Censky explained that the existing brick fire training building located at WCTC is in disrepair after years of use.  The extreme temperature changes have caused the brick to dismantle, crack and crumble.  She also identified that the all-metal materials do not coinside with current code.  Jeff Leverenz, representing WCTC, walked the Comission through the details of the proposed all-metal building and the reasons for requesting an exception to the code.  The proposed building will be 5 stories high and constructed of all metal so as to extend the life of the building as compared to brick.  The location of the building on campus is secluded from community view.  Per Leverenz, WCTC would like to accept bids for construction in 2023 but needs confirmation from the Commission that the all-metal construction will not be an issue.  Discussion followed regarding the durability of the materials, the location of the proposed building, the need for acceptable training facilities for fire fighter and the look of the facade of the proposed building.  The Commission was generally supportive and indicated that this type of building lies outside of the scope of what they talked about when the code was established.

h. Review and discussion regarding the Conditional Use Grant application to utilize the space at 1463 Capitol Drive-Suite A for a tropical smoothies and sandwich’s type dine-in and fast food restaurant. The applicant is Danijela Milic d/b/a Tropical Smoothie Cafe. The property owner is REI Equity Partners 6 LLC. The property is Zoned B-1 Community Business District with Planned Unit Development (PUD) Overlay. NO ACTION WILL BE TAKEN AT THIS MEETING.
Per Planner Censky this is the prior Malabar Coffee location.  The proposed use is permitted in the B-1 District and under the Planned Unit Development which no longer has a cap on the number of fast food restaurants.  There are no parking issues, no outdoor seating or signage is proposed and the proposed hours of operation are 8am to 8pm daily. The Commission generally responded favorably to this type of business for that location.  

i. Consultative review, discussion and feedback on concept plans received from property owners Jeffrey and Suzanne Ellington (in c/o Jim Pfeifer of Espire Homes) to replace the existing single-family residence at 433 Park Avenue with a new single family residence at lesser offsets and setback than the Code requires using Conditional Use Grant request. The property is zoned R-5 Single Family Detached Residential District with (LO) Lakefront Overlay.
Per Planner Censky, the applicant would like to raze the current structures and replace them with a new home with an attached garage.  The lot is legal nonconforming as to both the lot size and lot width at 10,500 sq. ft. and 50 ft respectively.  They are looking for feedback from the Commission regarding their conceputal plans to request a CUG to reduce required setbacks and offsets. The proposed front setback is 14.5 ft. where 35 ft. are required, side offset is 7 ft. where 8 ft. are required and lake offset 20.5 ft. where 45.5 ft. are required.  Discussion followed regarding greenspace requirements, materials proposed, possible alternatives, parking issues and rules and regulations of both the village and the DNR.  The Commission requested that conceptual plans be amended to more closely follow the code of the Village, and/or take their plan to the Zoning Board of Appeals.

j. Discussion and Possible Action on Scheduling a Special Meeting for Possible Action on Conditional Use Grant Application Items
Comm. Lange motioned, seconded by Comm. Mantz to schedule a Special Plan Commission meeting on Tuesday, March 16, 2021 beginning at 6:00 p.m. via Zoom for possible action on Conditional Use Grant Application Items.
Motion carried by roll call vote 7-0.

7. Citizen Comments – None.

8. Adjournment

Comm. Rogers motioned, seconded by Comm. Lange to the adjourn the March 11, 2021 Regular Plan Commission meeting at approximately 9:52 p.m.
Motion carried by roll call vote 7-0.

Respectfully submitted,

Jackie Schuh
Deputy Clerk-Treasurer