Loading...
HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 May 17, 2022 PLAN COMMISSION MINUTES May 17, 2022 PRESENT: Margy Davey, Michael Ford, Meredith Scheuermann, Mamadou Coulibaly, Phil Marshall, Justin Mitchell, Thomas Perry, Kathleen Propp EXCUSED: John Kiefer, Ed Bowen STAFF: Mark Lyons, Planning Services Manager; Kelly Nieforth, Community Development Director; James Rabe, Director of Public Works; Justin Gierach, Engineering Division Manager / City Engineer; Brian Slusarek, Planner; Jeff 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 May 3, 2022 were approved as presented. (Davey/Scheuermann) I. CONDITIONAL USE PERMIT FOR OUTDOOR COMMERCIAL ENTERTAINMENT AT 1309 OREGON ST (HQ BAR & GRILL) Site Inspections Report: Council Member Ford and Mr. Marshall all reported visiting the site. Staff report accepted as part of the record. The applicant is requesting Conditional Use Permit approval for Outdoor Commercial Entertainment at 1309 Oregon Street. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site is located on the west side of Oregon St, south of South Park Avenue. The subject parcel is .2583 acres in size and is developed with an existing bar on the first floor and an apartment on the second floor. The site is surrounded by mixed use buildings with the exception of residential properties to the west, southwest, and northeast. The proposed location of the outdoor entertainment area previously contained a residential home that was razed, creating a vacant lot, which was subsequently purchased and combined with the subject property. Also, the subject property currently contains an outdoor volleyball court on the west side of the lot and a deck area off the rear of the building. The site is currently developed with a 2594 square foot mixed use building containing a bar on the first floor and an apartment on the second floor. The current outdoor space contains a side yard with grass, a volleyball court, deck with handicap ramp, and dumpster enclosure. The applicant is not proposing a change of use in the building. The applicant is proposing a 290 square foot concrete patio that wraps around a 34’ x 16’ in-ground pool with a maximum depth of 4 feet deep. Staff recommends approval with the findings and conditions as listed in the staff report. __________________________________ Plan Commission Minutes 2 May 17, 2022 Justin Mitchell and Kathy Propp arrived at 4:04pm. Mr. Perry opened up technical questions to staff. Mr. Mitchell asked if there is any language in the ordinance or health policy that somehow connects drinking and swimming. Mr. Lyons said that the last condition that was added about the commercial pool requirements and the licensing that goes with that was discussed with the county health department who asked us to add that requirement. There are some specific commercial regulations for these commercial pools. They will have to get a license from the county health department and meet those requirements. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Barry Lavaque, 806 Oregon St, said that that from seeing how other business models have succeed with these outdoor entertainment venues, like Tanner’s in Kimberly. It would bring a great opportunity to the city. Ms. Propp asked if they were planning on adding bands to this location. Mr. Lavaque said they are not. Ms. Propp asked if there was room around the pool for chairs and tables. Mr. Lavaque said that there are. Ms. Propp said she agreed with Mr. Mitchell and her first thought was about the excessive drinking near the pool. Mr. Marshall asked how deep the pool is. Mr. Lavaque said it is under 4 feet. Ms. Scheuermann asked for clarification on what he means by entertainment district. She said when she thinks of an entertainment district, she thinks of more than a pool with chairs around it. She asked if the music would be piped in. Mr. Lavaque said there is music piped in. He also owns OshkoshBars.com which is a party bus rental business. Part of the plan is to be able to host bachelorette parties using the party bus rental service. The party would start at the bar and drive them around and ending up back at the bar. Ms. Scheuermann asked if from a music perspective if noise would be an issue. __________________________________ Plan Commission Minutes 3 May 17, 2022 Mr. Lavaque said that he doesn’t foresee noise being a problem. There is no stage and if there was any live music it might be someone with an acoustic guitar. Mr. Lyons said they would still have to meet the city’s noise ordinance. There were no other 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 Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Marshall. Mr. Perry asked if there was any discussion on the motion. Motion carried 8-0. II. SPECIFIC IMPLEMENTATION PLAN FOR A COMMERCIAL DEVELOPMENT AT THE NORTHWEST CORNER OF W SOUTH PARK AVENUE AND RIPON LANE Site Inspections Report: Mr. Marshall, Ms. Davey, Mr. Mitchell and Mr. Perry all reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of a Specific Implementation Plan for a commercial use at the northwest corner of W South Park Avenue and Ripon Lane. 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 development of a drive-thru restaurant/coffee shop (Dunkin Donuts and Baskin Robins). The proposed development is a permitted use in the SMU district and is consistent with the approved GDP for a drive-thru commercial use on the subject site. A virtual neighborhood meeting was held on March 23, 2022. The neighbors voiced general support for the use of the site, but had concerns related to safety of the driveway access to the site. The applicant informed the neighbors that the driveway will be further from the W South Park Ave. intersection than the existing La Sure’s access to help alleviate safety concerns. The proposed site will have an access from Ripon Lane as well as a shared access from W South Park Avenue and cross access drive with the neighboring site to the northeast, which is being __________________________________ Plan Commission Minutes 4 May 17, 2022 developed as an O’Reilly Auto Parts store. Staff recommends approval with the findings and conditions as listed in the staff report. The site will have 15 parking stalls, which is within the allowable parking total for the site. The total impervious surface ratio for the site is under the maximum of 70% for the SMU district. A small patio area is included on the plan on the front (south) side of the building. The applicant is requesting reduced front yard setback to 1.56' (bike pad), 10.34’ (drive aisle), and 22.34’ (patio) and reduced rear yard setback to 5.25, where code requires a 25’ front and rear yard setback. According to the applicant, the reduced setbacks are needed due to the unique shape of the lot and limited available area outside of the required setbacks. Staff is supportive of the setback reductions as they are necessary to allow for the needed parking, access, and drive-thru areas. Also, the Ripon Ln. /W South Park Ave. right-of-way is unusually wide, providing greater distance from the street and the applicant has provided increased street frontage landscaping to offset this request. The location of the bike pad is appropriate as it is alongside the pedestrian access to the site. Staff does not have concerns with the reduced rear yard setback as the development is abutting other commercial uses to the north. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Scheuermann asked for clarification on the setbacks and the placement of the bike parking. Mr. Slusarek said the bike parking is a concrete area that would need to meet the 25 foot setback. With it being right along the pedestrian path, staff is supportive of that location. Mr. Mitchell asked for clarification on the terrace in front of the building and who is responsible for maintenance. Mr. Lyons said it is a part of the public right-of-way. It is overly large due to the angle of the site. Mr. Mitchell asked what sits to the west of the site. Mr. Slusarek said they are existing residential properties. Mr. Mitchell asked if there is a plan for those locations in the future. Mr. Lyons said it is no longer zoned single family and the compressive plan calls to change out of single family. It’s going to take some development of commercial nature for the location. There are homes in decent shape and have some proud owners of them and are not necessarily interested in leaving at this point. It’s going to be a natural progression before they are interested in selling but those neighbors seem very happy in their houses. Mr. Gierach said that it is the property owner’s responsibility to maintain the terrace. __________________________________ Plan Commission Minutes 5 May 17, 2022 Mr. Marshall asked for clarification on the entrances into the site. Mr. Lyons pointed out the access points to the commission which are located on South Park Ave and a new access point on Ripon Ln. Mr. Perry asked if the other building on site will also be a drive-thru. Mr. Lyons said at the time the owner does not have a user for the third building. Mr. Perry said he just has concerns about two drive-thrus on one site, let alone one. Mr. Slusarek said the only drive-thru with the GDP was for this site. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Jim Lundberg, Point of Beginning, Inc.; 1497 6th St, Green Bay, Wisconsin, said they worked on the design for the site on behalf of the applicant. Ms. Scheuermann asked if the applicant for this project is the same as the owner for the current Dunkin Donuts. Mr. Lyons said it is. Mr. Mitchell said he appreciates the work the applicant and engineer did on the project and the combination of the lots. There were no other 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 Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Mr. Perry said that even though the drive-thru concerns him, that it is fully in the established perimeters set by the city so it is of less concern than it would normally be. Motion carried 8-0. __________________________________ Plan Commission Minutes 6 May 17, 2022 III. PUBLIC HEARING: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL 9 DISTRICT (SR-9) TO INSTITUTIONAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (I-PD) FOR PROPERTIES LOCATED ON WEST SIDE OF 500 BLOCK MONROE STREET Site Inspections Report: Council Member Ford, Ms. Davey and Mr. Mitchell all reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Single Family Residential – 9 District (SR-9) to Institutional District with a Planned Development Overlay (I-PD) for properties located on the west side of 500 block of Monroe 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 a zone change to Institutional District with a Planned Development Overlay for all subject properties. This request is intended provide consistent zoning with the property to the west (Boys and Girls Club) to allow for the lots to be combined with Boys and Girls Club property, into one lot, through a CSM. The applicant intends to have the existing residential structures on the subject properties razed for expansion of the Boys and Girls Club site. The applicant has submitted plans for building and parking lot additions, which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff is supportive of the proposed rezone as it will also assist expansion and enhancement of the Boys and Girls Club site. The proposed Institutional zoning is not consistent with the 2040 Comprehensive Land Use Plan recommendation of light density residential for the subject sites. However, staff does not have concerns with proposed rezone to Institutional as the Comprehensive Plan is not intended to be parcel specific and the purpose of the rezone is to allow for expansion of the existing institutional land use. Also, the proposed Planned Development Overlay will allow for further review of site modifications to ensure compatibility with neighboring land uses. Consistent zoning (I-PD) is needed to allow for the CSM with the Boys and Girls Club to accommodate expansion of their site. 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. Jack Richeson, Martenson & Eisele, Inc.; 101 W Main St, Omro, Wisconsin, said they are helping the Boys and Girls Club through the process and is available for questions. There were no other public comments on this item. __________________________________ Plan Commission Minutes 7 May 17, 2022 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 Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Marshall. Mr. Perry asked if there was any discussion on the motion. Motion carried 8-0. IV. GENERAL DEVELOPMENT PLAN AMENDMENT AND SPECIFIC IMPLEMENTATION PLAN APPROVAL FOR BUILDING AND PARKING LOT ADDITIONS AT 532 BROAD STREET Site Inspections Report: Council Member Ford, Ms. Davey and Mr. Mitchell all reported visiting the site. Staff report accepted as part of the record. The applicant requests a General Development Plan (GDP) amendment and Specific Implementation Plan approval for building and parking lot additions at 532 Broad St. 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 renovation of the Boys and Girls Club site over the next two years, to include the following: - Interior remodeling of the Head Start building - Additional vestibule on east side of Head Start building - New administration with associated parking lot - Elementary Age Program Building addition - Reconstruction of maintenance garage on south end of site and additional parking - Gymnasium addition As described under the previous item (rezone), the applicant intends to combine the existing Boys and Girls Club site with neighboring residential lots along Monroe St. to allow for sufficient space for the proposed site expansion. The proposed plans were discussed at a neighborhood meeting and a Plan Commission workshop in 2021. Both the neighbors and Plan Commission voiced general support for the project. __________________________________ Plan Commission Minutes 8 May 17, 2022 The site will utilize an existing access onto E Parkway Avenue as well as two existing access drives on Broad Street. The applicant is proposing a third (two-way) access from Broad Street and four new (one-way) accesses from Monroe Street. The Department of Public Works has noted that the number of driveways will need to be further reviewed and agreed upon. An access control variance will be required for the proposed number of driveways as code only allows two driveways for the site. An access control variance will also be required for reduced driveway spacing between the existing southern driveway on Broad Street and the new driveway to the south of it. City staff will work with the applicant on final driveway spacing and approval of the access control variance. The proposed plan is within the maximum impervious surface area and building height requirements for the Institutional district. The applicant is requesting a base standard modification (BSM) for reduced parking to 124 spaces, where the code minimum is 144 spaces (1 space per 400 sq. ft. of gross floor area). According to the applicant, the proposed parking total is sufficient as the majority of the users of the building are children and teenagers who will be transported by bus or picked up by parents, with pick-ups at varying times. They also note that the new parking is mainly being added to provide parking for the staff. Staff is supportive of the proposed BSM for the parking reduction as the primary users will be children. Although the use is considered “community or recreation center” under the ordinance, the parking will function more similarly to an elementary or middle school, which would only require one space per two employees. The applicant is requesting BSMs for reduced parking setbacks along E Parkway Ave. (22.5’) and Broad St. (23.1’), where code requires a 30’ front yard setback and 25’ street side setback. Staff is supportive of these setback reductions as both new parking areas will align with the setbacks of the existing parking lots along these frontages and allow for a more functional parking/circulation arrangement. The applicant is also requesting a BSM for reduced rear yard setback to 3’ for the play field, where code requires a 25’ setback. Proposed fencing around the play field will be up to 12’ high chain link (final height to be determined), which also requires a BSM as the maximum fencing height in the Institutional district is 6’. Staff is supportive of both the setback reduction and increased fencing height as it will match the setback and fencing material (chain link) of the existing baseball field in that area. According to the applicant, the existing baseball field location has not caused concerns with the neighboring properties to the south. The increased fence height of up to 12’ will serve to prevent play items from landing on neighboring properties. The plan also shows 8’ tall chain link fencing enclosing the playground area between the new building addition areas and 8’ slatted chain link fencing around mechanical equipment on the north side of the building. Staff is also supportive of the 8’ fencing in these locations as it will serve to secure the play area and screen mechanical equipment. __________________________________ Plan Commission Minutes 9 May 17, 2022 A new dumpster enclosure will be installed at the new parking area along Broad St., which will match the materials of the building (CMU) with solid gates for access and a minimum height of 6’. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Scheuermann asked if there will be parking on the streets around the facility. Mr. Gierach said he believes there is on Broad and Monroe. Ms. Scheuermann said there is a modification where it allows a 3 foot setback when code states a 25 foot setback by the outside play area. She asked for clarification on the reasoning of that. Mr. Slusarek said it is in the general area where the previous baseball field was where there was already fencing. It’s going to be the same area but more open. The neighbors have not had any issues and not much will be changing. Mr. Lyons said that when they update the GDP/SIP, they have to reissue the original approvals. It would be consistent with what they have today. It is only shifting slightly to the East of where it is today. Ms. Davey asked how many adults are on site at one time. Mr. Lyons deferred it to the applicant. Mr. Mitchell asked where the 8 and 12 foot high fencing sits. Mr. Slusarek said the fencing around the play area will be up to 12 feet. They have not decided the final height. Between the two additions there is a play area that will have 8 foot tall chain link fencing. The north side of the building will have up to 8 foot fencing to enclose utilities. Mr. Mitchell asked if there were requirements for trees or any landscaping that goes with the fencing. Mr. Lyons said there is no specific landscaping requirements associated to the fence. Mr. Mitchell asked if there are putting in any landscaping. Mr. Lyons said they are putting landscaping to the east of west of the facility. Mr. Mitchell asked if there were landscaping requirements imposed when the buildings were torn down on the corner of Parkway and Monroe since there is no landscaping there. After tearing down a lot of homes and a lot of trees, there shouldn’t be a situation where there are big sprawling grass fields with no landscaping or attractiveness or trees. __________________________________ Plan Commission Minutes 10 May 17, 2022 Mr. Lyons said they have a landscaping plan as part of their planned development, if the project is approved they will be held to their landscaping plan as shown which adds significant landscaping around the new development. Ms. Scheuermann asked if Mr. Mitchell means not at street side and if that was his concern. Mr. Mitchell said he was curious if there was a plan previously for a lot that is torn down a building and nothing happened. Mr. Lyons said he believes that plan was to turn it into green space for the kids. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Richeson said they’ve worked with the staff on a lot of the project and work towards a plan that everyone can be happy with. He said in regards to the green space, they are just moving the existing sports field but keep it about the same dimensions. That’s why the tall fencing is important to keep balls in the field and from going into the neighbors’ yards. Tracy Ogden, Boys and Girls Club, 501 E Parkway, said that that this will technically between four different buildings. They host Head Start during the day while the admin staff is there. During the day there are probably 20 staff in the building and 25 staff at night. Ms. Davey asked if the maximum number of people they would have at any one time is going to be under 30. Why do they need 124 parking spaces. Ms. Ogden said that the back end of the new building has a community center component to it, so there will be community partners coming in the backside of the building. The front end of Broad has the parking lot next to the garage which has their vans and buses. The parking lot next to it is for the admin staff. The parking lot on Monroe Street is for the community center side. There is also Head Start parking with a new circle up driveway so that when kids are being dropped off for Head Start that the bus can pull up to the building and drop kids off. Right now Head Start Kids walk along Broad Street to be picked up by the bus. The Head Start building will be used in the summer and on breaks for 5 and 6 year olds. Each parking lot is separate according to the building. There is also the Radford Center which is on the corner of Parkway and Broad which is the elementary school side. There were no other 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 Propp to adopt the findings and recommendation as stated in the staff report. __________________________________ Plan Commission Minutes 11 May 17, 2022 Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. Ms. Davey said she’s still unsure why they have so much parking. Mr. Lyons said that something that wasn’t discussed was the transient nature of it. They may only have 25 employees there at one time, but you still have the transient nature of parents dropping off and picking up so you still need to accommodate those short bursts of when people are coming, parking, and picking up. That’s why you have a higher parking count than the standard 25 employees that are there at all times. Ms. Davey asked if staff feels that’s definitely necessary. Mr. Lyons said that based on the way they have the almost separate entities, the parking lots are appropriately sized based on the functions they serve. They are really designed as four separate buildings. Council Member Ford reiterated that they actually have fewer parking spots then are required by code. Mr. Mitchell said he is looking forward to seeing the implementation of the landscaping plan. The image that is shown basically shows a dog park type fenced in square where the coolest thing for the kids to do is sit along the fence in the corner. There is so much room for improvement on the play space landscaping on the lot. He commends the Boys and Girls Club for this massive undertaking. They provide an invaluable service and the needs have been greater than ever before. He wishes they would have taken a step to incorporate on site homeless youth sheltering services but understand it’s a very complex issue that might be outside of Oshkosh’s scope. It will be a vast improvement for the neighborhood. Ms. Davey asked if it is possible to put more trees on the terrace. Mr. Lyons said it is something they can have a discussion with Public Works on what is available in that terrace. Motion carried 8-0. There being no further business, the meeting adjourned at approximately 4:49 pm. (Davey/Scheuermann) Respectfully Submitted, Mark Lyons Planning Services Manager