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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 August 2, 2022 PLAN COMMISSION MINUTES August 2, 2022 PRESENT: Margy Davey, Michael Ford, Justin Mitchell, Thomas Perry, Kathleen Propp, Mamadou Coulibaly, EXCUSED: Meredith Scheuermann, John Kiefer STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division Manager; Jason Pausma, Economic Development Services Manager; Brian Slusarek, Planner Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. Ed Bowen joined at 4:02pm. The minutes of July 19, 2022 were approved as presented. (Mitchell/Davey) I. SPECIFIC IMPLEMENTATION PLAN FOR A COMMERCIAL DEVELOPMENT AT 580 S KOELLER STREET Site Inspections Report: Mr. Mitchell 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 580 S. Koeller 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 has submitted plans for development of a drive-thru restaurant (Panda Express) on the northern half of the subject site, which will serve as Phase 1 of the development. Phase 2 will be for a second drive-thru restaurant to the south of Panda Express, which will be addressed under a future SIP request. 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. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Council Member Ford asked if the fence is six feet tall and what type of materials it will be. Mr. Slusarek said it is six feet and wood fencing. __________________________________ Plan Commission Minutes 2 August 2, 2022 Mr. Mitchell asked if the islands will be curbed and landscaped. Mr. Slusarek said they would need to be curbed and landscaped and it will reduce the impervious surface. Mr. Mitchell asked if when curbing is required, if there is leeway for a rainswall or a natural water filtration. Mr. Lyons said they do allow bioswales or rain gardens to be incorporated into the islands and it’s a design choice when they are doing their storm water management and if it makes sense. Council Member Ford asked for confirmation if the west façade is below the 50% threshold for class one materials but the entire building is well above. Mr. Slusarek said in the north and south elevations are over the 50% requirement because the front and sides have to meet the requirements. Mr. Lyons said that west is 45%, south is 54%, north is 65.5% and if you integrate them it’s over 50% on those three and on the east its 34% which 0% of the east is required. Overall the building concedes it by a significant amount. Mr. Perry said he noticed in the plan that there were double long parking spots. He asked if that was planned or purposeful. Mr. Lyons said he didn’t think they were double lots but they would double check. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Henry Klover, 8813 Penrose Lane, Lenexa, KS; representing the applicant. He confirmed Mr. Perry’s question about the double lots and said they are 36 feet and it is purposeful considering the location off the highway. Susan Denning, 1777 W 5th Ave; she said her condo is directly behind the drive-thru. Some of the issues they had faced with the prior Golden Corral is the excessive snow that’s plowed up to the fence. In the spring when it melts they get swamps in the backyards. She is hoping that will be addressed with some drainage. She mentioned they had concerns about the dumpster location, but now it seems to be away from their condos. She asked what direction the speakers for the drive- thru will project sound and if there is a certain decibel they are allowed to be. Mr. Lyons said he doesn’t know of a noise ordinance related to speakers but they can check. __________________________________ Plan Commission Minutes 3 August 2, 2022 There were no other public comments on this item. Mr. Klover said Panda Expresses use a sound attenuation speaker. If the outside noise is loud, the speaker will be loud, and if the noise is lower, so will the noise from the speaker. The sound from these speakers are not cumulative. The highway noise will dwarf any sound from the speaker. The speakers face north towards the vehicles. The sight lighting is new and will be better quality lighting than what there is there today. He said he’s unsure of snow since he hasn’t had much experience, but he knows that there is a stipulation in the staff report that they have to do the storm water study with the site review and they will have to control run-off. Mr. Mitchell asked what the width of the back side is. Mr. Lyons said their regular setback is 30 feet. Mr. Mitchell said there could be enough room for arborvitae and would be beneficial to the neighbors. He asked Mr. Klover if that would be something they would be willing to do. Mr. Klover said they would be happy to provide additional landscaping. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Motion by Mitchell to add conditional 8: require an additional 180 points of arborvitae landscaping along the east property line. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Mr. Bowen said he will be voting present. Motion carried 6-0. Motion by Propp to adopt the findings and recommendation as stated in the staff report with the new amendment. Seconded by Davey. Motion carried 6-0. II. PUBLIC HEARING: PROPOSED CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 43 MILL ON MAIN DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN __________________________________ Plan Commission Minutes 4 August 2, 2022 Site Inspections Report: Mr. Mitchell, Mr. Bowen, Ms. Propp and Ms. Davey all reported visiting the site. Staff report accepted as part of the record. Tax Incremental District No. 43 (the “TID” or “District”) is a proposed 13.45 acre Blight Area district generally comprised of former industrial property located along the Fox River. The subject development was previously approved as part of a Planned Development per Council Resolution 22-309 on July 12, 2022. Mr. Lyons presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The City is projecting an improvements value of approximately $47.8 million will result from redevelopment activity within the District. The applicant’s overall investment in the project is approximately $90 million. These key assumptions are identified in Section 9 of the Plan starting on page 25. The “expected” improvements will occur on the parcels located in the district. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Council Member Ford asked if the 4+ million in reimbursement for the purchase of the property is the first time they are doing this. Mr. Lyons said he wasn’t sure but maybe Mr. Taves would know. Todd Taves -Ehlers Inc., N21W23350 Ridgeview Parkway W Suite 100, Waukesha, WI; said they he can’t recall this being done before. Mr. Mitchell asked if it was conceivable that the city provides considerable financial support through the creation of the TIF to as help support a population that may not otherwise afford to live in these units. Mr. Lyons said it is conceivable. Mr. Mitchell said the states TIF policy allows the city and the developer to establish terms in a development agreement. One way to ensure access to individuals who are lower income that doesn’t impact the developers is to accept housing choice vouchers. If the possible tenant meets all other criteria except for income and the voucher would help them with that issue, then it could be a requirement that the developer does not turn them away just because they have a voucher. He asked if there is anything in place for that. Mr. Lyons said that he doesn’t know where the city is in the process of the developer’s agreement and it would have to go in the developer’s agreement and not the TID or project plan. It could be something council includes in the developer’s agreement. __________________________________ Plan Commission Minutes 5 August 2, 2022 Mr. Mitchell asked if there was a way for Plan Commission to recommend it further. Mr. Lyons said the developer’s agreement is a legal document between council and the developer. Plan Commission is not able to condition the TID on them adding something into the developer’s agreement. Expressing concern now so staff and council can be made aware and be able to talk about it. Mr. Mitchell said that it doesn’t require the landlord to accept less then rent it simply states that if a family can only pay $300 and the rent is $800, the voucher pays the other $500. Finically speaking it doesn’t have a harmful impact on their developers. On the flip side, a lot of landlords don’t do it because they would prefer not to rent to low-income households. It is often talked about what avenues the city could take and implement to help expand access to affordable housing. If the city is providing their own financial incentives, that’s an avenue. Council Member Ford asked what types of vouchers are out there. Mr. Mitchell said if someone has a housing choice voucher through the Oshkosh or Winnebago County Housing Authority, they have been vetted and deemed eligible by the agency. There ends up being a triangular agreement. The tenant pays their portion and the agency pays the remainder. Mr. Mitchell asked if this includes the add-on year for purposes of affordable housing. Mr. Lyons said that is at TID closure. It’s a part of state statute now that when a TID closes, the City can request it remain open for an additional year and that increment is captured and placed into the Healthy Neighborhood Initiative. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 4:33 pm. (Davey/Propp) Respectfully Submitted, Mark Lyons Planning Services Manager