HomeMy WebLinkAboutMinutes__________________________________
Plan Commission Minutes 1 February 15, 2022
PLAN COMMISSION MINUTES
February 15, 2022
PRESENT: Michael Ford, John Kiefer, Justin Mitchell, Meredith Scheuermann, Margy Davey,
Kathleen Propp, Thomas Perry, Phillip Marshall, Mamadou Coulibaly
STAFF: Mark Lyons, Planning Services Manager; Kelly Nieforth, Community Development
Director; Justin Gierach, Engineering Division Manager / City Engineer; Brian
Slusarek, Planner; Jeffrey Nau, Associate Planner
Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of February 1, 2022 were approved as presented. (Mitchell/Kiefer)
I. PUBLIC HEARING: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL-5 (SR-5)
TO SINGLE FAMILY RESIDENTIAL-9 (SR9) FOR PROPERTY LOCATED EAST OF
THE EASTERN END OF FARMINGTON AVENUE
Site Inspections Report: Mr. Mitchell reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting a zone change from Single Family Residentiual-5 (SR-5) District to
Single Family Residential-9 (SR-9) District.
Mr. Nau presented the item. The proposed zone change involves a vacant 5.55 acre lot east of the
eastern end of Farmington Avenue, generally located west of Jackson Street and south of W. Snell
Road (Figure 1). The petitioner is proposing to subdivide the lot via subdivision plat. The
proposed subdivision will be a higher density single family subdivision with smaller lots not
typically found in new residential subdivisions. On January 18, 2022, Plan Commission reviewed
and recommended approval of a Comprehensive Land Use Map amendment from General
Commercial to Light Density Residential for the subject site. The Common Council is expected to
take final action on the amendment on March 8, 2022. Staff recommends approval with the
findings and conditions listed in the staff report.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Mr. Perry opened up technical questions to staff.
Mr. Mitchell asked if there has been a number comparison provided to show if it were to be
developed as is versus reduced price.
__________________________________
Plan Commission Minutes 2 February 15, 2022
Mr. Nau said the developer can answer during the applicant statement.
Ms. Scheuermann asked if there is a zoning smaller than SR-9.
Mr. Nau said that SR-9 is the densest single family district the city has.
Ms. Scheuermann asked if there are other SR-9’s in the city.
Mr. Nau said that when the zoning update was done in 2017 they zoned areas of the city that were
appropriate based on current lot conditions. This would be the first SR-9 rezoning committed to a
new development.
Mr. Mitchell asked has there been any additional information about the parkland development in
the area. If it’s not available currently, can the plan be brought back or an update be provided.
Mr. Nau said that if the petitioner moves forward with the preliminary plat the parks director will
be involved in those decisions.
Mr. Lyons said that he reached out to the parks director to start the conversation with anticipating
at some point this project will move forward. They will be able to weigh in a lot more if a primary
plat is filed there will be review and the technical details in the primary play to start that
discussion.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Mitch Nordahl, Wildflower Development Group, said that the SR-5 zoning would not be enough
lots to get them to the house price point they are trying to meet. Affordable housing construction
means less than $300,000. As of 2021 when it was started, it was in the $250K-270K range for
housing. Other projects in Oshkosh have similar pricing. With a 60 foot wide lot in SR-9 they can
provide a larger footprint such as a ranch house on that lot because there was an extra five feet
gained. An SR-5 zoning you have 7 1/2 side setbacks, and SR-9 zoning there are 5’ setbacks.
There were no public comments on this item.
Mr. Perry 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 Scheuermann.
__________________________________
Plan Commission Minutes 3 February 15, 2022
Mr. Mitchell asked if there is a cost estimate showing what the reduced pricing would be per
lot.
Mr. Nordahl said that it’s about $10,000 a lot difference in just the manufacturing process of
those lots.
Motion carried 8-0.
II. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A
COMMERCIAL DEVELOPMENT AT THE 200 BLOCK OF OHIO STREET
Site Inspections Report: Mr. Perry, Ms. Propp and Ms. Davey all reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan and Specific Implementation Plan
to allow a drive-thru coffee shop development at the 200 block Ohio Street.
Mr. Slusarek presented the item. The applicant is proposing development of a 605 sq. ft. drive-thru
coffee shop with 10-stall parking lot. The site will also include a patio and walk-up service
window.
Drive-thru & in-vehicle sales or service is a conditional use in the RMU district. Staff is supportive
of the proposed use as it is compatible surrounding commercial land uses as consistent with the
2040 Comprehensive Land Use recommendation of Center City for area.
A Plan Commission workshop was held on December 7, 2021. Plan Commission voiced support
for the proposed use, but had concerns of the drive-thru lane along Ohio St. and circulation of the
drive-thru lane and parking lot. The applicant has revised their plans to address these concerns.
Staff recommends approval with the findings and conditions as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Mitchell asked for clarification on why the project can’t go into the easement.
Mr. Gierach said that if there is work that needs to be done on the sanitary sewer interceptor,
which is the largest in the city, it would stop access to the drive thru of the business.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Mark Johnson, Forward Real Estate Services, said that the easement was a constraint of the
property. It is .88 acres but we are only able to develop a portion of it. The primary business of the
building is reliant on the drive-thru and there are ten car parks with patio bike racks. Caribou has
25 of these open primarily in Minnesota. It’s a great location in the business park and it fits the lot
__________________________________
Plan Commission Minutes 4 February 15, 2022
nicely. We are hoping to start construction in late May with opening by end of September or early
October.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Dr. David Harry, 226 Ohio St, said he objects to the project. He stated that a coffee shop in the
office park goes against the covenant in place. This project would also decimate the flow of traffic
on the Witzel and Ohio intersection.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Mr. Nordahl thanked the commission for considering their application.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
Ms. Propp said that the covenant is an issue and asked for suggestions on how the Plan
Commission proceed with this information.
Mr. Lyons said if there are private covenants they are not party to the city, and would need to
be privately enforced. The city could still proceed. It would be for the owner of the building
and the tenants to figure out.
Mr. Marshall said that it seems like a good use of space. His concern is about the traffic flow
since he does use that parking lot frequently.
Mr. Lyons said there are two access drives into the parking lot. There is about a 9600 daily trip
average on Ohio and the traffic generated by the coffee should would not see a significant
increase of traffic. Staff doesn’t see it as a potential issue.
Mr. Marshall asked if there would be consideration to show the other entry way for those who
don’t know or as an alternative entry way.
Mr. Lyons said they would work with the property owner for signage.
Council Member Ford asked if the developer has had conversations with the business park in
regards to the covenant.
Mr. Johnson said they have had conversations with the lawyer for the business park. The
declaration has since been terminated and not be enforced for some time.
__________________________________
Plan Commission Minutes 5 February 15, 2022
Ms. Scheuermann asked how much more traffic is this proposed project estimated to bring in
and at what point is it a problem.
Mr. Lyons said that they can do statistical analysis but the small size of the building isn’t going
to generate a volume to get exact numbers. We use our best judgement and gauge the situation.
With this large of a traffic volume, the increase is very minimal. We will look at common
practices, number of entrances, configuration of roadway, crash history, and try to make those
decisions the best we can.
Mr. Mitchell said that the site plan shows 8 cars in the driveway. He asked if that was based on
standard business practices or other locations. The thought is that if cars are backed into the
road it would become a safety concern and if there is data on that.
Mr. Slusarek said the service time is 2 ½ minutes so the 8 vehicle stacking in the drive-thru is a
sufficient number for the drive-thru.
Mr. Mitchell said that comparing to some of the Starbucks in the city with maybe similar
service times, have sometimes 15 cars backed into the turn lanes. If it’s not a concern here what
is the reason.
Mr. Lyons said that from a roadway transportation side of things if this driveway was directly
backing out into the roadway, it would create more concerns. With an internal access, it tends
to be less problematic.
Mr. Mitchell asked if there’s a way for this to be developed that in case traffic is a concern and
there are always cars backed up, that there can be some sort of expectation that something like
a second lane is created. If we don’t know what traffic is going to look like and we made a
mistake, what does the recourse look like.
Mr. Lyons said that would have to be a decision for public works to decide if they could
encroach on the easement.
Mr. Mitchell said that if a second drive-thru can’t be created, what is done is there is a car
backup.
Mr. Lyons said that give the limited site constraints, there not much we could do. There could
be a positional to straighten out that drive-thru to head more south east, but then you get
multiple pinch points.
Mr. Mitchell asked if there has been any discussion in turning part of the property to the north
where the easements are into a micro-park.
Mr. Lyons said it would be up to Public Works if they would allow any type of improvements
in that area.
__________________________________
Plan Commission Minutes 6 February 15, 2022
Mr. Coulibaly asked if because of a green space turning into paved surface if there has been
any studies on the issue of run-off.
Mr. Gierach said that this area of this disturbance does not elevate to the requirements of
including storm water management on site. They will have to collect and convey water to the
right of way but as far as storm water quantity and quality, the area of development does not
reach the threshold required by code.
Mr. Perry said the presentation indicates that they are not going to allow the roof sign on the
north and south but instead moving it down into the siding area. Is that a problem for the
developer.
Mr. Johnson said the preference is to have it above the eve line of the roof. It’s a lot more
prominent with the background. There are some examples in the city that have that, but they
might not have the same zoning but their signage is above the eve line which is not much
different than what’s being proposed.
Mr. Perry asked if these are vertical letters held up by an A frame attached to the ceiling and
not flat to the roof line.
Mr. Johnson said that is correct.
Mr. Perry said he doesn’t have a problem with it and helps break up the brown metal.
Mr. Mitchell asked if there is a significant traffic issue, what options or solutions are there.
Mr. Johnson said it’s a good question but they are comfortable with the performance of the
other 25 locations and have not had stacking issues like being voiced currently.
Motion carried 9-0.
III. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A
COMMERCIAL DEVELOPMENT FOR PROPERTY LOCATED ADJACENT TO 1300 S.
KOELLER STREET
Site Inspections Report: Ms. Propp, Ms. Davey, Mr. Mitchell, and Ms. Scheuermann all reported
visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan and Specific Implementation Plan
to allow a restaurant development located at the outlot adjacent to 1300 S. Koeller Street.
__________________________________
Plan Commission Minutes 7 February 15, 2022
Mr. Slusarek presented the item. The applicant is proposing development of a 4,707 sq. ft. dine-in
restaurant (Chili’s) with 103 parking spaces. Restaurants are a permitted use in the SMU district.
A Plan Commission workshop was held on October 5, 2021 to discuss the proposed use and site
design. Plan Commission voiced support for the use and site design that included additional
landscape area and a total of 100 – 106 parking spaces. Staff recommends approval with the
findings and conditions as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Blake Cox, Freeland & Kauffman, hired to do the civil site design for Brinker International, also
known as Chili’s. They are proposing a 4700 square foot Chili’s restaurant.
There were no public comments on this item.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
Mr. Cox said they are taking an existing parking lot for the Chili’s restaurant and fits the area well.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Coulibaly.
Ms. Propp asked what the building materials are.
Mr. Cox said it is a combination of stone and EIS which is stucco.
Mr. Mitchell asked about the entrance that is just off of Koeller and it looks to be a concern.
Mr. Lyons said it lines up with the existing access drives and since it’s not a drive-thru it
doesn’t seem to be a concern. They still have the two lane access road that goes all the way
through the site.
Mr. Gierach said it’s actually making it better since it is further east off of the right of way.
Ms. Davey asked if they are planning to add any EV infrastructure due to the size of the lot and
the length of time people will spend in the building.
Mr. Cox said that in other municipalities where they have built it is common, they may be
willing to do it if required by code.
Mr. Perry asked if this is it for this lot.
__________________________________
Plan Commission Minutes 8 February 15, 2022
Mr. Lyons said this is the only development for this lot.
Motion carried 9-0.
PLANNING DIRECTOR’S REPORT
Looking for feedback from the Plan Commission on if the body wants to go in person or stay
virtual. City Hall still has a mask requirement while in city buildings. It could change in the
future. There is about a month lag period between this body meeting and when the notices go
out so the second meeting in March would be the first opportunity we have to go back in
person. If it is this body’s concern that they would like to go back in person when the mask
mandate lifts, you could chose to give direction to the planning manager to make that decision
on the body’s behalf before notices go out.
Mr. Mitchell said he is in support of when masks go away to go back in person. He would
prefer to have more than a two week notice if doable.
Mr. Perry said he’s receptive to others. If someone is uncomfortable being in person, he’s fine
staying virtual but if they want to go in person he’s fine with that too.
Ms. Scheuermann said she recommends they follow the mask mandate at City Hall.
Mr. Coulibaly said he’s flexible.
Ms. Propp said she agrees with Ms. Scheuermann but is ready to go back in person.
Mr. Marshall says he is flexible but would also like to be back in person.
Mr. Lyons said they will stay virtual for March 1st since the notices have been sent out and will
reevaluate March 15th.
There being no further business, the meeting adjourned at approximately 5:15 pm.
(Kiefer/Marshall)
Respectfully Submitted,
Mark Lyons
Planning Services Manager