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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 April 20, 2021 PLAN COMMISSION MINUTES April 20, 2021 PRESENT: Mamadou Coulibaly, Michael Ford, John Hinz, John Kiefer, Phil Marshall, Justin Mitchell, Thomas Perry, Kathleen Propp, Jay Stengel EXCUSED: Margy Davey, Derek Groth STAFF: Mark Lyons, Planning Services Manager; Allen Davis, Community Development Director; Brian Slusarek, Planner Chairperson Propp called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of April 6, 2021 were approved as presented. (Hinz/Mitchell) I. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR COMMERCIAL OUTDOOR ENTERTAINMENT USE AT 2126 ALGOMA BOULEVARD Site Inspections Report: Ms. Propp and Council Member Ford reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit for an outdoor commercial entertainment use at 2126 Algoma Boulevard. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The applicant has submitted plans for a series of outdoor music events at Northside Bar N Grill. Outdoor Commercial Entertainment requires a Conditional Use Permit (CUP) in the Urban Mixed Use District (UMU) zoning district. The applicant plans to have 6 outdoor music events (live bands) in 2021 with an expected attendance of 200 people per event with music being played 7:00 PM – 11:00 PM. The applicant notes that the band will set up on the east side of a tent, facing west (toward the bar). All events will be subject to the City of Oshkosh noise ordinance. He said that staff recommends approval of the proposed Conditional Use Permit for an outdoor commercial entertainment use at 2126 Algoma Boulevard with the findings and conditions listed in the staff report. Ms. Propp opened up technical questions to staff. Council Member Ford informed the group that he received a letter and a call from a neighbor showing concern. He asked what the difference is between a conditional use permit and a temporary use permit. __________________________________ Plan Commission Minutes 2 April 20, 2021 Mr. Lyons said that difference is a temporary use permit allows 3 events and a conditional use permit allows the 6 events they are looking for. Council Member Ford asked if it was possible to have a concert that is compliant with the noise ordinance. Mr. Lyons said that the compliance with the noise ordinance has to do with the time restriction on when the event must end, either 10pm or 11pm depending on a week day vs. a weekend. Mr. Mitchell said that in a similar arrangement in Appleton, they have restrictions on what days the events are allowed to take place. Do we impose any restrictions that would allow the event to take place on a Thursday, Friday or Saturday? Mr. Lyons said that restricting days is not directly related to land use since the land is the same on a Monday as it is on a Saturday. Mr. Perry stated that he drives past the location quite often and he sees tents up regularly. He asked if this was something new or is it something that is being rectified. Mr. Lyons said they have applied for temporary use permits. This is taking it from the maximum of 3 events to the 6 requested. Mr. Perry asked if the tent would be up all summer. Mr. Lyons clarified that one of the conditions is that any temporary structures must be removed after the event. Mr. Mitchell said that one of the neighbor concerns was the potential for the guests to be spilling onto the properties causing littering and concern for conduct. He wants to know if this is something the Plan Commission board looks at or is the owner suggesting anything to help address the concerns. Mr. Lyons said the owner has shared some information on how to handle it. One way the board could get involved is review or revocation of the permit if it became an issue. Mr. Hinz asked if anyone has talked to Traffic or OPD about the potential concerns. Mr. Lyons said they reached out to OPD and did not have any concerns from them. Ms. Propp asked if the tent would be directly behind the building and not in the grassy lot next to it. Mr. Lyons said it would be behind the building south of the parking lot. They would have a tent for the patrons and a tent for the band. __________________________________ Plan Commission Minutes 3 April 20, 2021 Ms. Propp said the area is limited and small and she doesn’t understand how they can squeeze in a tent and so many patrons. She wanted to know how they could have a buffer fence between now and a few weeks from now. Mr. Lyons said that similar to new developments, the code does have a minimum height at the time of planting for landscaping. Mr. Mitchell asked if there was a way to require the direction of speakers and lights not facing the residents directly. Mr. Lyons said that would be a reasonable land-use related condition. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. Sherrie Dewhurst, owner/applicant, said they have had a tent in the past in the same area. They try and resolve concerns whether it’s the noise or garbage. When the cops got called on April 10th, it was when the band was leaving. She said she would be able to get cones to help with the parking concerns. She has no issue with the fencing but is unsure of what route to go. The speakers would be facing the bar and not any residents. She has contacted local cabs to help with safe rides homes for patrons. Scott Hutchinson, neighbor, said he and his wife Lisa have several objections to the conditional use permit. 11pm is an unreasonable time to allow the event to end at and disrupts their quality of life. 6 events is also a negative effect on the neighbors. Wilson Avenue gets congested and caused parking issues for the residents. He also raises concern for intoxicated drivers. There has been inappropriate behavior from patrons while drinking. Samantha Williams, neighbor, stated her and her husband both work weekends and can hear the music in their house. The garbage in their lot has not been picked up and patrons have been using their lawn to get to the bar. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. Mr. Lyons clarified for the applicant that the snow fencing would not be sufficient and that either a solid fence or landscaping would be acceptable. Ms. Propp asked how high the fencing would need to be. Mr. Lyons replied that it would need to be six feet to meet the buffer requirement. Ms. Dewhurst asked if the fencing would have to just go on the east side or if it would include the south. __________________________________ Plan Commission Minutes 4 April 20, 2021 Mr. Slusarek clarified that it would just have to be on the east side. Ms. Dewhurst said that she is trying to resolve all neighbor concerns and stated she went out April 11th to pick up garbage from the event the night before. She did not go up on the Williams side but will make a point to do so. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Ford. Ms. Propp asked if there was any discussion on the motion. Mr. Mitchell asked about adding the condition to not have the lighting and speakers directed at the neighbors and wanted to know how to add that condition. Mr. Lyons said that they would need make a motion to add condition number 5 requiring the stage and equipment be directed at the bar. Mr. Mitchell added an amendment to add condition number 5 that stage lighting and audio be directed at the bar. Mr. Coulibaly seconded the amendment. Amendment carried 7-1 (Nay Perry). Mr. Ford Stated that the main concern is with condition number 2. It seems like the route of a temporary use permit would be a better fit for the neighborhood and not stop them from not having their outdoor events. Ms. Propp stated she drove by the site and is appalled. The site is far too small for what they want to do there. One of her criteria is would she mind living there as a neighbor if she had to live there. She said that 6 events is far too many. If there is an option for the temporary use permit that would be fine. Mr. Coulibaly said he saw 3 major issues with the neighbors. The trash, parking and noise. He said he saw an attempt with the owner to resolve these concerns but saw no effort with the neighbors to compromise. He asked for more clarification on the fencing. Mr. Lyons said the code requirement is a solid wood fence. Mr. Coulibaly said the fence would not stop the noise from traveling. Mr. Lyons said the six foot fence would help, but he’s not sure to what degree. __________________________________ Plan Commission Minutes 5 April 20, 2021 Mr. Perry asked if there are any restrictions to the number of temporary use permits in a calendar year. Mr. Lyons said code allows 3 temporary use permits. Mr. Kiefer said that he agrees with Mr. Ford’s comments on how the conditional use permit would negatively affect the neighbors. Mr. Mitchell asked about the recourse of revoking the conditional use permit if the owner does not follow the conditions. Mr. Lyons said the neighbors would make the complaint to staff or council. The complaints would be investigated and then if revocation seems appropriate, staff would initiate the revocation and it would come back to Plan Commission and ultimately Council would make the decision. Mr. Mitchell noted that having another live music venue would be an asset. He is in support of the proposal especially since if the owner doesn’t meet the conditions, they can revoke the conditional use permit. Mr. Marshall said that if they can find a way to compromise, they should do that. He can empathize with both parties and recommends a way to compromise. Ms. Dewhurst stated that they are going to put up cones, and they will have security to help with parking. They are going to do sound checks to make sure the neighbors are okay with the noise. She asked for clarification on the temporary use permit because she thought they could only play until dusk. Mr. Slusarek explained that the temporary use permit does limit to daylight hours with only 3 per year. Ms. Dewhurst said they only wanted to do 4 events. Mr. Hinz made a motion to amend the conditions to only include 4 events. Mr. Coulibaly seconded the amendment. Amendment carried 7-2. Mr. Hutchinson identified the issue with the music is the drum and bass guitar and that is what carries into the neighborhood. He said that a fence isn’t going to help at all with the sound. He appreciates the good will, but the music is going to be loud. Motion failed 5-4 (Nay: Coulibaly, Ford, Kiefer, Perry, Propp). __________________________________ Plan Commission Minutes 6 April 20, 2021 II. PUBLIC HEARING: ZONE CHANGE FROM NEIGHBORHOOD MIXED USE DISTRICT (NMU) TO NEIGHBORHOOD MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (NMU-PD) & APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR OUTDOOR SEATING AT 1903 HARRISON STREET Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for an outdoor seating area at 1903 Harrison Street. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The applicant requests a zone change from the existing Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for an outdoor seating area. He said that staff recommends approval of the rezone, General Development Plan and Specific Implementation Plan with the findings and conditions listed in the staff report. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. Ronald Mulvey, owner, stated they have already installed the overhead door and have renovated the dining room to help complement the outdoor dining. They find that this is another way for their patrons to be comfortable eating at their restaurant. There were no other public comments on this item. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Perry. __________________________________ Plan Commission Minutes 7 April 20, 2021 Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. PLANNING DIRECTOR’S REPORT Mr. Lyons said that in the near future Mr. Rohloff’s office will be reaching out for potential dates for a joint workshop between Plan Commission, Council, Parks, and Redevelopment Authority to take a look at our subdivision ordinance and other subdivision related issues and items. The costs of subdivisions have increased to the point where they are conflicting with other initiatives in the city. It will be about a 90 minute workshop but there is a lot of information they want to share. Mr. Lyons said that the housing study had its technical committee kick off meeting last week with 3 members of Plan Commission in attendance. Mr. Mitchell said that there is a survey going out and that he hopes Plan Commission will take time to fill it out. There being no further business, the meeting adjourned at approximately 5:02 pm. (Marshall/Hinz) Respectfully Submitted, Mark Lyons Planning Services Manager