Plan Commission Meetings and Agendas

VILLAGE OF PEWAUKEE
PLAN COMMISSION MINUTES
JULY 8, 2021

1. Call to Order and Roll Call

President Knutson called the Zoom meeting to order at approximately 7:01 p.m.

Plan Commission members present:  Comm. Jim Grabowski, Comm. Ryan Lange, Comm. Cheryl Mantz, Comm. Brian Belt, Comm. Theresa Hoff, Trustee Craig Roberts and President Jeff Knutson.

Also present: Village Planner Mary Censky; Village Contracted Engineer Tim Barbeau; Village Attorney Matt Gralinski; Deputy Clerk-Treasurer Jackie Schuh;

2. Public Hearings

a. Conditional Use Grant request to develop a neighborhood clubhouse use including accessory, outdoor, recreational uses such as pickleball and bocce ball, on Outlot 4 of the recently approved (preliminary) plat for The Glen at Pewaukee Lake. The proposed new neighborhood is located adjacent to 449 W. Wisconsin Avenue. The applicant is Cornerstone Development in c/o John Wahlen. The property owner is the Village of Pewaukee. The property is Zoned R-5 RIO Single Family Residential with Residential Infill Redevelopment Overlay District.
None.

b. Conditional Use Grant request to locate a restaurant/ tavern use (i.e. The Beach House Bistro) including both indoor and outdoor seating and consumption space, at tenant space 1-J of the multi-tenant building at 161 W. Wisconsin Avenue. The applicant is Llazar Konda. The property owner is Siepmann Development Co. The property is Zoned B-2 Downtown Business District.
Llazar Konda @ 757 Quinlan Dr. Unit E – Mr. Konda stated that he is present to answer any questions that arise regarding his request.

3. Citizen Comments - None.

4. Approval of the Minutes:

a. Regular Plan Commission Meeting – June 10, 2021
Comm. Hoff motioned, seconded by Comm. Mantz to approve the minutes of the June 10, 2021, Regular Plan Commission meeting as presented.
Comm. Hoff confirmed that Administrator Gosse and President Knutson contacted Mr. Haines and Mrs. Graybush after the meeting as they had difficulties with the Zoom meeting connection and were unable to voice their statements during citizen comments.
Motion carried by roll call vote 7-0.

b. Special Plan Commission Meeting – June 14, 2021
Comm. Lange motioned, seconded by Comm. Belt to approve the minutes of the June 14, 2021, Special Plan Commission meeting as presented.
Motion carried by roll call vote 6-1-0 with Comm. Hoff abstaining.

5. Old Business

a. Review and possible action on the Conditional Use Grant request to add and remove various buildings, structures and yard areas, and to reconfigure the site layout at the Village of Pewaukee’s existing public works/utility installation located at 1000 Hickory Street. The property owner and applicant is the Village of Pewaukee. Property is Zoned IPS Institutional and Public Service District.
Planner Censky stated that since the previous meeting she has reviewed the landscaping plans and the plan that depicts the setbacks and offsets of the site plan. She also reviewed her recommendations should the Commission consider approving the Conditional Use Grant. RA Smith Engineer Barbeau indicated that he has not yet received the civil plans or the stormwater management plans. The applicant will be required to return to the Plan Commission should issues with the stormwater management plan require adjustments of any substance to the site plan as presented. Discussion followed regarding past floods and water management, landscaping, setbacks and offsets, fencing, proposed building materials, safety and aesthetic concerns of open storage bins, line-of-sight at the street, and parking.
Comm. Grabowski motioned, seconded by Comm. Lange to approve the Conditional Use Grant request to add and remove various buildings, structures and yard areas, and to reconfigure the site layout at the Village of Pewaukee’s existing public works/utility installation located at 1000 Hickory Street with the following recommendations:

1) The following items to be subject to Staff review and possible approval prior to issuance of the Conditional Use Grant:

a. Final principal building materials samples/colors;
b. Final design and materials/colors for the proposed salt storage building;
c. Exterior lighting plan;
d. Dumpster location/screening plan;
e. Final location and screening plans for HVAC and utility installations at the site and/or on the building;
f. Final fencing plans/specifications;
g. Additional landscaping and/or fence screening to be added along the west side of the site as needed to obscure any unsightly viewpoints into the yard area from the street or properties to the west;

2) Village Engineer review and approval of the final grading, drainage, stormwater management, erosion control, utilities and similar infrastructure plans in support of the proposed project. If any of the utility and stormwater management plans should require that substantial changes be made to the site plan as presented, then the revised site plan will have to return to the Planning Commission for further consideration;

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, glare, traffic, parking, health, public safety, and similar… arising as a result of this use/operation shall be the responsibility of the property owner to correct timely upon notice from the Village and failure to correct any such problem in a timely manner may result in action toward modification or revocation of this conditional use grant;

4) Recording of the conditional use grant prior to start of construction of any sort in support of this project;

5) Issuance of all required building, electrical, plumbing and similar permits as may be required prior to start of construction of any sort in support of this project;

6) Any new signs shall be subject to review, approval and permit issuance under the Village’s Sign Code prior to their placement at the site.

Motion carried by roll call vote 7-0.

b. Review and discussion regarding portions of the Village of Pewaukee Comprehensive Plan update in progress (i.e. Chapter 8 - Transportation and Facilities Element and Chapter 9 – Implementation and Intergovernmental Cooperation). There may also be discussion regarding its relationship(s)/connectivity to the recently completed Village of Pewaukee Strategic Plan Update.
The Plan Commission agreed to defer item 5.b. to the next meeting.

6. New Business

a. Review, discussion and possible recommendation to Village Board regarding an application to rezone Parcel # PWV 0901-997-001, a 4.7178-acre parcel located at the northeast corner of the intersection of Swan Road and STH 164 from B-3 Office and Service District to B-3 Office and Service District with Housing for the Elderly Overlay. The applicant is James G. Forester. The property owner is Meadow Creek Limited Partnership.
Planner Censky indicated there is the possibility of future housing for the elderly proposal coming forward at this site should the Commission make a recommendation to extend the Housing for the Elderly Overlay designation to this B-3 parcel. Discussion followed regarding constraints on sewer and water.
Comm. Mantz motioned, seconded by Trustee Roberts to recommend to the Village Board regarding an application to rezone Parcel # PWV 0901-997-001, a 4.7178-acre parcel located at the northeast corner of the intersection of Swan Road and STH 164 from B-3 Office and Service District to B-3 Office and Service District with Housing for the Elderly Overlay.
Motion carried by roll call vote 7-0.

b. Review, discussion and possible action on the Sign Code Waiver Request for Tropical Smoothie Café, 1463 Capitol Drive, Suite A, to place three wall signs where two are permitted by code. The property Zoned B-1/PUD Overlay. The applicant is Danijela Milic. The property owner is REI Equity Partners 6, LLC.
Planner Censky walked the Commission through the signs being proposed for this location and the Village’s sign code. They are requesting three ~25 sq. ft. signs instead of the allowable two (i.e. one per street frontage). Censky noted that the copy content regarding “drive-thru” is quite small on one of them. Discussion followed regarding sign placement, whether drive-thru signs are needed and which signs/content is appropriate on which building façade.
Comm. Hoff motioned, seconded by Comm. Grabowski to approve the Sign Code Waiver Request for Tropical Smoothie Café, 1463 Capitol Drive, Suite A, with the following recommendations:

1. Three ~25 sq. ft. signs to be allowed with one each on the South, East and North facades of the building, and a Drive-Thru directional sign on the Southeast façade by the drive-thru window.

2. The Drive-Thru language on the East façade sign in the gable be removed.

3. Staff approval of the final rendering depicting items 1. and 2. above before applicant may erect signs.

Motion carried by roll call vote

c. Review, discussion and possible action on a Conditional Use Grant request to develop a neighborhood clubhouse use including accessory, outdoor, recreational uses such as pickleball and bocce ball, on Outlot 4 of the recently approved (preliminary) plat for The Glen at Pewaukee Lake. The proposed new neighborhood is located adjacent to 449 W. Wisconsin Avenue. The applicant is Cornerstone Development in c/o John Wahlen. The property owner is the Village of Pewaukee. The property is Zoned R-5 (RIO) Single Family Residential with Residential Infill Redevelopment Overlay District.
Planner Censky reviewed details of the submittal which provided answers to previously expressed concerns of the Commission.
Comm. Grabowski motioned, seconded by Comm. Mantz to approve the Conditional Use Grant request to develop a neighborhood clubhouse use including accessory, outdoor, recreational uses such as pickleball and bocce ball, on Outlot 4 of the recently approved (preliminary) plat for The Glen at Pewaukee Lake with the following recommendations:

1) The following items, pending final Staff review and approval as noted, shall be completed/approved and incorporated into the CUG document prior to its release for signatures and recording:

a) Delivery of documents for staff review and approval when available of the following: The building(s) land and facilities associated with the clubhouse use shall be owned and operated by a corporation, association, person or persons, for a social, educational, entertainment or recreational purpose and to which membership is required for use and participation and not operated to render a service that is customarily carried on as a business. The Village Attorney shall review and approve copies of the proposed covenants and restrictions of the ownership/association describing the intended use, care and operating plans for “Private Neighborhood-Based Clubhouse with or without Indoor and/or Outdoor Recreational Facilities”.
b) Membership shall be limited to the owners of the lots in the Glen at Pewaukee Lake.
c) The clubhouse may be utilized as a model/sales center for the development until all lots in the Glen at Pewaukee Lake are sold, or three years from the date of recording of this conditional use grant, whichever is first.
d) Staff review and approval of the building scale and the architectural style/materials/colors once those final details become available.
e) Staff review and approval of all structures as to setback, offset, open space, maximum building coverage ratio and height regulations of the R-5 District with Residential Redevelopment Infill Overlay District attached.
f) Staff review and approval of onsite owner and guest parking layout and related parking area landscaping plans.
g) Staff review and approval of any/all proposed exterior site and/or building lighting and landscaping.
h) Staff review and approval of the proposed hours of use for the Private Neighborhood-Based Clubhouse and the outdoor recreational facilities.

2) Village Engineer review and approval of the overall site grading, drainage and utilities plans for this project/site prior to issuance of a building permit;

3) Recording of the Conditional Use Grant, and issuance of any/all required building, electrical, erosion control, and similar permits, prior to the start of any site or building work in support of this project.

Motion carried by roll call vote 7-0.

d. Review, discussion and possible action on a Conditional Use Grant request to locate a restaurant/ tavern use (i.e. The Beach House Bistro) including both indoor and outdoor seating and consumption space, at tenant space 1-J of the multi-tenant building at 161 W. Wisconsin Avenue. The applicant is Llazar Konda. The property owner is Siepmann Development Co. The property is Zoned B-2 Downtown Business District.
Planner Censky reviewed details of the submittal for a Mediterranean-type restaurant, pub and outdoor dining/seating area. Limited details of the interior floor plan and outdoor seating area were submitted until the day of the meeting. Planner Censky shared those on-screen. Proposed hours of operation and a one-person acoustical guitar artist without amplification were discussed. The need for more thorough indoor and outdoor seating plans, specified days of operation, parking constraints, and possible competition of music with neighboring businesses were discussed. All of the above details will be incorporated into the final conditional use grant should it be approved. Applicant Llazar Konda clarified his intentions to occupy up to 4 feet of the sidewalk for seating, although the submittal drawing seemingly depicts more than that. He stated that the days of operation are proposed to be every day except Mondays, music to be once per week.
Comm. Lange motioned, seconded by Comm. Grabowski to approve the Conditional Use Grant request to locate a restaurant/ tavern use (i.e. The Beach House Bistro) including both indoor and outdoor seating and consumption space, at tenant space 1-J of the multi-tenant building at 161 W. Wisconsin Avenue with the following recommendations:

1) Recording of the Conditional Use Grant prior to the start of any interior or exterior remodeling or construction activity attendant to this project;

2) Applicant to secure all necessary building permits prior to the start of any interior or exterior construction or remodeling activity attendant to this project;

3) Hours of operation shall be as follows:

a. Tuesdays through Thursdays 10:30 am to 11 pm
b. Fridays and Saturdays 10:30 am to Midnight
c. Summer Sundays 10 am to 10 pm

4) The one-person acoustic guitar player shall be allowed to perform one time per week, not to exceed five times per month, in the outdoor seating area Tuesdays through Thursdays until 9 pm, Fridays and Saturdays until 10 pm, and Sundays until 7 pm. Said music shall not be permitted to cause a nuisance upon surrounding properties or the area in general.

5) 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, litter, loitering, obstructing the public way, …) shall be the responsibility of the applicant to correct timely upon notice from the Village or the terms of 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;

6) Prior to placement, the applicant shall provide for staff review and approval, detailed information as to the furnishings and accessories (tables, chairs, umbrellas,…) to be placed outdoors in front of this use. These furnishings and accessories shall be complimentary to the principal building and of sufficiently stable design/construction as not to pose a threat of being blown around/away. The furnishings shall not encumber a clear 4-foot-wide sidewalk path adjacent to the back of curb. No new outdoor lighting and/or amplified audio system is proposed or permitted outdoors at this site;

7) Prior to the start of occupancy, the applicant must secure the necessary licensure for sales/service/consumption of alcohol attendant to both the indoor and outdoor areas;

8) This site/use shall maintain full compliance with all requirements for handicapped accessibility into the building/tenant space as well as the outdoor seating area;

9) Any proposed signage attendant to this use shall first be reviewed/approved by Village staff, and related permit(s) issued, prior to the installation thereof;

10) Placement of the outdoor seating area/appurtenances in front of/adjacent to this tenant space shall not encroach upon the public way unless a permit/approval shall first be granted by the Village Board to use a portion of the public sidewalk.

Motion carried by roll call vote 7-0.

e. Review, discussion and consultative feedback to applicant/property owner, The Kenmore Group, LLC in c/o Member Saf Sarich, on the possibility of developing a dog daycare/hotel (kennel), including an outdoor run, in the westernmost tenant space of his multi-tenant commercial building located at 690 Westfield Way. The property is Zoned B-1 Community Business District.
Per Planner Censky, the applicant is seeking the possible addition of the conditional use ‘kennel’ to the B-1 Community Business District. This use is currently designated in the B-5 district. In addition to the 3,145 sq. ft. indoor space, an outdoor dog-run is proposed for the eastern-most side of the building. Censky indicated one concern to be the need for a suitable air exchange system and lack of ventilating windows and doors. The Commission, although supportive of a dog daycare/kennel, did not respond favorably to one in this location. They cited noise and proximity to residential land uses as substantial reasons to find a more suitable location within the Village. There was not support for adding kennels as a conditional use in the B-1 District at this time.

f. Review and discussion regarding the building height and floor area ratio regulations as setforth in the B-1 Community Business and B-3 Office and Service Business Zoning Districts. This topic is Village initiated.
Planner Censky described some of the limits the Village applies to development such as minimum open space, building height maximums and maximum floor area ratios. She walked the Commission through examples provided in their packet, including how other municipalities handle the floor area ratio regulations. Trustee Roberts explained the need for more simplified language in order to give developers a little bit more flexibility in their plan designs, thereby encouraging development consistent with the Comprehensive Plan. He believes, for example, that with the limited space available, to increase the tax base, developments must have the ability to build vertically. Being proactive is favorable to being reactive when a developer comes forward and making case-specific adjustments. Discussion followed regarding types of buildings, residential impacts, the pros and cons of having the regulations in place before a developer comes forward and clarification as to where the B-3 and B-1 districts are in the Village. The Commission requested that the proposed changes as discussed be drafted into the Code language and brought back for their review and possible action.

7. Citizen Comments - None.

8. Adjournment

Comm. Hoff motioned, seconded by Comm. Grabowski to adjourn the July 8, 2021, Regular Plan Commission meeting at approximately 9:09 pm.
Motion carried by roll call vote 7-0.

Respectfully submitted,

Jackie Schuh
Deputy Clerk-Treasurer
Village of Pewaukee