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Plan Commission Minutes 1 December 7, 2021
PLAN COMMISSION MINUTES
December 7, 2021
PRESENT: Margy Davey, Michael Ford, Thomas Perry, Kathleen Propp, Justin Mitchell, John
Hinz, Phil Marshall
EXCUSED: Mamadou Coulibaly, Meredith Scheuermann, Brad Spanbauer, John Kiefer
STAFF: Mark Lyons, Planning Services Manager; Kelly Nieforth, Community Development
Director; Justin Gierach, Engineering Division Manager / City Engineer; Brian
Slusarek, Planner; Jeff Nau, Associate Planner
Chairperson Hinz called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of November 16, 2021 were approved as presented. (Mitchell/Davey)
I. SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR AN ACCESSORY
BUILDING AND SMOKER ADDITION AT 30 WISCONSIN STREET
Site Inspections Report: Mr. Hinz, Council Member Ford, and Ms. Davey reported visiting the site.
Staff report accepted as part of the record.
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment for an
accessory building and smoker addition at 30 Wisconsin 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 is requesting an SIP amendment for
construction of an accessory building on the rear side of the restaurant building (Mahoney’s) as
well as an enclosed smoker addition on the rear of the building. The proposed accessory building
is intended to accommodate catering equipment and supply storage for a new tenant (Parker
John’s) and the enclosed smoker will be used for preparing various foods that require the smoking
flavor process.
The proposed 10’ X 16’ accessory storage building will be located to the rear (south) of the existing
restaurant. The 9’ 3” X 19’ 2”smoker enclosure will be constructed on the southeast corner of the
existing building and attached to the existing structure.
The storage building will be placed on an existing paved area and will have a 38’ ¾” setback from
the Marion Road front property line and will be closer to the street than the principal structure
(restaurant). Code requires accessory structures to have a minimum 60’ setback and be at least 5’
behind the principal structure for the UMU district.
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Plan Commission Minutes 2 December 7, 2021
The applicant is requesting a Base Standard Modification (BSM) for the accessory building to be
placed closer to the street than the principal structure. To offset the BSM, the applicant is
proposing three new evergreen trees to be planted between the accessory building and right-of-
way to buffer the view of the building from the street. Staff is supportive of the BSM for the
accessory building placement as the property is double fronted, with the Marion Rd. side
functioning as the rear of the property. Also, the accessory structure will exceed principal
structure setbacks and will be further from the street than the existing dumpster enclosure. The
enhanced landscaping adequately compensates for the accessory structure placement and will not
have a detrimental effect to surrounding properties. The new accessory structure and smoker
addition will be placed on existing pavement and will not result in an increase in impervious
surface ratio for the site. Staff recommends approval with the findings and conditions as listed in
the staff report.
Mr. Hinz opened up technical questions to staff.
Mr. Hinz asked for any public comments and asked if the applicant wanted to make any
statements.
Scott Thiess, Quasius Construction, stated they are doing a 10’x16’ lap siding to match the color of
the roof. The smoker is a smaller L shape than what actually shows, it is roughly about 8’x15’
siding to match lap siding of the building also.
There were no other public comments on this item.
There were no public comments on this item.
Mr. Hinz closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Ford.
Mr. Hinz asked if there was any discussion on the motion.
Mr. Mitchell asked if the materials used would have to get final approval from staff. In the past
visuals have been presented that may not actually match the material and a shed could look
questionable at some point. Just want to make sure the applicant is ware to get final approval from
staff before starting anything.
Mr. Lyons said that during plan review they can have them provide samples to make sure it does
match.
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Plan Commission Minutes 3 December 7, 2021
Motion carried 7-0.
II. SPECIFIC IMPLEMENTATION PLAN FOR AN INDOOR INSTITUTIONAL USE AT
THE NORTHWEST CORNER OF CEAPE AVENUE AND BROAD STREET
Site Inspections Report: Mr. Hinz, Ms. Davey, Mr. Mitchell and Mr. Perry reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a Specific Implementation Plan for an indoor institutional use
at the northwest corner of Ceape Avenue and Broad 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 is proposing to combine the two subject
parcels into a single lot for an institutional residential development (Day by Day Warming
Shelter). A CSM will be required to combine the parcels, and will need to be submitted to the
Department of Community Development for review. The proposed development includes a single
story 13,124 sq. ft. warming shelter which will provide overnight accommodation for the local
homeless population, allowing up to 50-60 guests per night. The site will also include a 13-stall
parking lot for employee and guest parking, with one-way access from Broad Street to Otter
Avenue. Mr. Slusarek explained on 7/27/21, a zone change was approved to Institutional with a
Planned Development Overlay. A Conditional Use Permit/General Development Plan were also
approved for the site. This will be only a review for the Specific Implementation Plan as the land
use has already been approved.
The proposed plan will require base standard modifications (BSMs) for reduced front setbacks
along Otter Ave. and Ceape Ave. (minimum 30’ setback), reduced street side setback along Broad
St. (minimum 25’ setback), and reduced side yard setback (east). According to the applicant,
setback reductions are needed to meet the needs of the building program and easements located
along the south and west property lines as well as vehicle access and parking further limit usable
space on the site.
Staff is supportive of BSMs for the reduced setbacks as site constraints related to the lot
configuration result in difficulties meeting setback requirements. The reduced setbacks are
appropriate as the property is located within a relatively high density center city area that would
typically see smaller setbacks than required by Institutional zoning. Also, as neighboring
properties within the block are zoned UMU which would allow for 0’-5’ setbacks, the proposed
setbacks will be consistent with the surrounding properties.
The total impervious surface ratio for the site is slightly over the maximum of 60% for the
Institutional district. The applicant has stated that this is necessary to allow for the needed
building and parking area on the site. Staff is supportive of a BSM to allow the increased
impervious surface, again, due to the unique lot configuration and center city location of the
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Plan Commission Minutes 4 December 7, 2021
property which would typically see higher density development with higher impervious surface
ratios. The surrounding UMU zoning allows for up to 85% impervious surface, so the proposed
63.6% impervious surface ratio is consistent with the surrounding area. The applicant has
provided increased landscaping to offset the reduced setbacks and increased impervious surface
ratio.
The site plan shows a total of 13 parking stalls. According to the applicant, the provided parking
stalls will accommodate 10 daytime staff and 2-3 guest spaces. As the site is located within the
Parking Requirement Exemption Overlay, there is no minimum number of parking stalls required.
Staff feels the provided number of parking stalls is appropriate based on the use of the site. Staff
recommends approval with the findings and conditions as listed in the staff report.
Council Member Ford asked if the class of materials for institutional use is not required, but it’s
being included that so Plan Commission has that information.
Mr. Slusarek confirmed that is correct.
Mr. Hinz asked for any public comments and asked if the applicant wanted to make any
statements.
Mike Karrels, T R Karrels & Associates, made himself available for questions.
There were no other public comments on this item.
There were no public comments on this item.
Mr. Hinz closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Perry to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Mr. Hinz commended everyone involved in this project. It’s beneficial to the city and to the
neighborhood.
Motion carried 7-0.
PLANNING DIRECTOR’S REPORT
Mr. Lyons said that the December 21st meeting has been cancelled.
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Plan Commission Minutes 5 December 7, 2021
Mr. Lyons asked the Commission if they would like to continue with virtual meetings or resume
in-person. City Hall is continuing mask wearing at least until the end of the month.
Ms. Davey said if City Hall still has a mask mandate in January, she would be fine with either
option.
Ms. Propp said she agreed with Ms. Davey.
Mr. Hinz asked Council Member Ford how long the mask mandate is in effect.
Council Member Ford said it might be January 7th. That is when the City Manager will make the
call under the emergency order. The Council and the Committee on Aging meetings are in person
and have been going well.
Mr. Hinz said that he has no issues with either and will go with what the Plan Commission is
comfortable with.
Ms. Davey asked if there is any enforcement of the mask mandate for those who aren’t
commissioners.
Mr. Lyons said it will continue to follow city guidelines and we are directed not to confront people.
Mr. Lyons continued and said due to how notifications work and the holidays, we will have to do
virtual for the first January meeting. By that time we should know if the City Manager is
continuing the mask mandate or not.
There being no further business, the meeting adjourned at approximately 4:30 pm.
(Marshall/Mitchell)
Respectfully Submitted,
Mark Lyons
Planning Services Manager