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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 May 16, 2023 PLAN COMMISSION MINUTES May 16, 2023 PRESENT: Thomas Perry, Kathleen Propp, Margy Davey, Mamadou Coulibaly, DJ Nichols EXCUSED: Ed Bowen, Council Member Esslinger, Karl Loewenstein, John Kiefer, Justin Mitchell, Meredith Scheuermann STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division Manager; Brian Slusarek, Planner; Jeff Nau, Planner; Brandon Nielsen, Associate Planner, Emma Dziengeleski, Assistant Planner Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of April 18, 2023 were approved as presented. (Davey/Coulibaly) I. RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW AREA REDUCTIONS AND CLOSURES ON THE FRONT FAÇADE AT 14 E MELVIN AVENUE Site Inspections Report: Ms. Propp and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow window area reductions and closures on the front façade at 14 E Melvin Avenue. Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject property is a residential lot located at 14 E Melvin Avenue and is approximately 3060 square feet in area. The property contains a 1328 square foot 2 story single-family residential structure which was built in 1920 according to the City of Oshkosh Assessor website. The property directly to the east of the subject property appears to be very alike in character, having an enclosed front porch and similar roof lines, while the rest of the surrounding area vary in character with a similar 2 story scale. Directly to the west is a North Main Street commercial property with a parking lot abutting the subject properties west side yard. The subject property and the surrounding properties are zoned Two Flat Residential (TR-10) and Urban Mixed Use (UMU). The applicant was issued a siding permit on June 8, 2022 to replace siding and an inspection was completed on October 31, 2022 to approve said siding. On March 21, 2023 Planning Staff was made aware that new windows were also installed on the front porch, resulting in a window size reduction and closure on the front façade. At that time the owner was made aware that a design __________________________________ Plan Commission Minutes 2 May 16, 2023 standards variance was needed in order for the work to not be in violation of the above noted code section. The owner then submitted the proper design standards variance application. Staff recommends approval with the findings and conditions as stated 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. Nick Keller; 313 Sherry St, Neenah, stated that at the time he did the siding, he was not aware of the Plan Commission or any type of variance. The windows that were in the house were nothing more than screen windows and fell apart when he took them out. At that point, he had to replace the windows. He has owned the property for two years, and within that time they have increased the property value and has made it look better. It used to be once of the worst looking houses on the block and it’s now once of the nicer ones. The previous tenants loved the screened in porch, but love the new porch more. The new tenants love the new porch and would be heartbroken if it went away. Ms. Propp asked the applicant what kind of hardship would it be to install a window on the east side of the door. Mr. Keller said that it wouldn’t be too hard to install another window, but it would be smaller. Since it would be a custom sized window, it would be an additional $500 to purchase the window and an additional day of labor. Ms. Propp asked how it would affect the function of the porch. Mr. Keller said the entire area is still porch and is not open to the house with a door inside to enter the home. He said they plan on replacing the front steps and applied for the Healthy Neighborhood Grant to help with the cost. Ms. Propp said that the house looks much better. 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 Davey. Mr. Perry asked if there was any discussion on the motion. __________________________________ Plan Commission Minutes 3 May 16, 2023 Ms. Propp said that the house looks so much better and she doesn’t know if another window is necessary. Mr. Coulibaly said that even though it’s an improvement, there is compliance that is needed and he’s concerned about setting precedence. If other neighbors are willing to do the same thing, then Plan Commission might have to let it go. If there is an ordinance, then everyone has to follow. Ms. Davey said that it does look better, and asked if there was permitting for any of the project. Mr. Nielsen said that there was a permit for the siding but not for the windows. Ms. Davey said that she finds it disturbing that someone in the construction business doesn’t know that window permitting would be necessary. She agrees with Ms. Propp in that she’s not sure if adding another window would be necessary unless it’s needed by the fire department. She is not opposed to staying like it is. Mr. Perry said that we get these types of requests for work that has already been done. We ask ourselves, what if we say no? There has to be a line in the sand somewhere because this type of work can’t happen without going through the proper channels and getting the proper permits. In this case, he’s also concerned that someone in the construction industry did this without pulling permits, which is something they have seen before. He agrees with Mr. Coulibaly with the concern of setting a precedent. He doesn’t think that adding an additional window is a burden. Planning staff is working hard to turn a wrong into a right while still getting it close to the ordinance so the precedent isn’t set. He is in support of all of the conditions and these situations will be fewer in between. Ms. Propp said he agrees with Mr. Perry and Mr. Coulibaly. Mr. Nichols asked if he had requested a variance at the beginning, would staff have suggested adding the additional window. Mr. Lyons said that if this had come to us as a request prior to work being done, staff would’ve had a similar evaluation process. In his opinion, they would’ve had the same request. No one can argue that the work being done hasn’t been a benefit. The owner made an improvement to the house, and we want to make sure that is recognized. Adding an additional window may not meet code, but it still improves the property and maintains the intent of the code. The intent of the code is to make sure we have a percentage of glazing doors and windows to give some visual aesthetic standards to our community. It still would have had to come to Plan Commission for approval, but the recommendation would’ve been the same. Motion carried 5-0. II. STREET DEDICATION SIEWERT TRAIL AND OAK STREET Site Inspections Report: Ms. Davey and Ms. Propp reported visiting the site. __________________________________ Plan Commission Minutes 4 May 16, 2023 Staff report accepted as part of the record. The City of Oshkosh is requesting the dedication of public right-of-way at Siewert Trail and a small extension of Oak Street. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The area in this dedication request is located south of the proposed Menominee Elementary School at the northwest corner of Hazel Street and Siewert Trail. During plan review of the new school, it was unclear if Siewert Trail was officially dedicated to the public as documentation could not be located. However, historically it was been used as a public roadway since at least the 1950s. The area surrounding the proposed dedication is exclusively low density residential excepting the school property to the north and Menominee Park to the east. The proposed dedication was included on a Certified Survey Map (CSM Number 8019) used to combine several lots for the school site. Siewert Trail is mapped as an east-west 46-foot right-of- way, approximately 260 feet long between Hazel Street and Oak Street. The CSM also dedicates a 12-foot by 66-foot extension of the north end of Oak Street which will allow for public sidewalk to be entirely located in the right-of-way. Staff recommends approval with the findings and conditions as stated 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. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 5-0 III. PUBLIC HEARING: APPROVAL OF DESIGN STANDARDS ALTERATION AND RENOVATION REVIEW FOR 135 HIGH Site Inspections Report: Ms. Davey reported visiting the site. __________________________________ Plan Commission Minutes 5 May 16, 2023 Staff report accepted as part of the record. The applicant requests approval of a Design Standards Alteration and Renovation Review for a building located at 135 High Avenue that is in a Central Mixed Use Zoning District (CMU). Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject area consists of a 0.12-acre commercial lot on the south side of High Avenue, east of Division St. The commercial property is a two-story building, approximately 9,900 sq. ft. in size, and zoned Central Mixed-Use District (CMU). The immediate surrounding area consists of commercial and residential uses, as well as an institutional land use directly to the east. The 2040 Comprehensive Land Use Plans recommends Center City use for the subject area. The applicant is proposing to close up a west facing window that is towards the rear of the building. The west façade is next to an alleyway and the window in question does not currently have a window in it, nor do any of the other window openings on the west façade. Said window opening was previously boarded up with a piece of wood but that was recently torn down when a person broke into the building. The applicant stated that the rest of the west façade windows were removed 20 years ago and appear to be boarded up with plywood. The applicant also stated that the west wall was never intended to have windows put back in after they were removed and it does not make sense to have one window. The applicant stated they would like to box in the existing window opening and cover it with a siding material or a piece of steel. Section 30-171(6) of the zoning code states that exterior materials and surface features that are identical to the original exterior materials and surface features shall be used, and if replacement identical materials and features is not possible, other features and materials may be used; provided they are compatible with the design and style of the building, as determined by the Plan Commission. The proposed material options for the widow closure do not meet this standard as no other portion of the original building are steel or a siding material. This code section also states that original window and door openings shall not be blocked and, where currently blocked, shall be restored where possible. Lastly, this code section states that if window and door preservation is not possible, window and door features shall be replaced with identical features and materials; and if that is not possible, other materials may be used provided they are compatible with the design and style of the building, as determined by the Plan Commission. Staff is not supportive of the proposed building façade alterations as they do not meet the code standards. Staff recommends denial of the Central Mixed Use Design Standards Alteration and Renovation Review with the findings and conditions as stated in the staff report. Mr. Perry opened up technical questions to staff. Ms. Davey asked if item only included the single window. Mr. Lyons said that is correct. Since the boarded-up windows preceded the code, staff cannot require to do anything with the nonbroken windows are the legal nonconforming. __________________________________ Plan Commission Minutes 6 May 16, 2023 Mr. Nichols asked if boarding it up with the same materials is an option. Mr. Lyons said putting a board up with not be compliant with the code. Ms. Propp asked what materials fill the other windows. Mr. Lyons said it is a mix of brick and wood. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Paul Winter; 205 N 6th St, Winneconne, said that this property was broken into through that window and he is requesting to fill it in with as a temporary solution until he can sell the building. The new owner can decide how the want to proceed. To brick it in would be more permanent, and it doesn’t make sense. It only invites more break-ins. Next door, the lower windows are all covered up with sheet metal and siding. It should be a grandfathered situation where he should be allowed to board it back up if someone rips it off. It doesn’t give the city the right to enforce their new standards and codes. Mr. Coulibaly asked the applicant if the building has a timeline for when it will go on the market. Mr. Winter replied that it is a distressed property with environmental issues, and that’s why he can’t sell it. He approached the city to ask if they wanted to purchase it, but could only offer the assessed price. Mr. Nichols asked if it has been vacant for the 20 years Mr. Winter has owned the property. Mr. Winter replied yes. Mr. Nichols asked the applicant if he is actively marketing the property. Mr. Winter replied no. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Ms. Davey asked when the most current code came into effect. __________________________________ Plan Commission Minutes 7 May 16, 2023 Mr. Lyons said 2017 is when the codes were updated. Ms. Davey asked if it were to be sold, if it would still be grandfathered in or if the new owner would have to fix all the windows. Mr. Lyons said that it would be grandfathered in even in its current condition. Ms. Davey asked what would happen if no actions were taken on the window. Mr. Lyons said that he currently is in violation of the code, and if there were no resolution staff would go down the normal enforcement path. Mr. Nicholas asked if someone were to purchase the property and didn’t want to leave it a vacant building, they would be required to bring it up to code to have it occupied. Mr. Lyons said that more than likely the building would need improvements. Mr. Nichols asked if that would include the current window and the boarded-up windows. Mr. Lyons said that is correct. Ms. Propp asked what good is it going to do it deny it, and continue to fine the applicant. Mr. Perry said that the word temporary is concerning is. One person’s mind, the temporary can be a lot longer than what another person’s definition is. Variance denied 0-5. IV. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A NEW ELEMENTARY SCHOOL AT 915 HAZEL STREET Site Inspections Report: Ms. Propp and Ms. Davey all reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit for an Indoor Institutional development (new elementary school). Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject site consists of a 6.7-acre parcel with frontage on Grove St., E. Melvin Ave., Hazel St., and Siewert Trail. The site is currently Webster Stanley Middle School. The 2040 Comprehensive Land Use Plan recommends Community Facility use for the site. The site is surrounded predominantly by single family residential uses along with Menominee Park to the east. Staff recommends approval with the findings and conditions as stated in the staff report. __________________________________ Plan Commission Minutes 8 May 16, 2023 Mr. Perry opened up technical questions to staff. Ms. Davey asked for clarification on the elevations image. Mr. Lyons said he would defer to the applicant. Ms. Propp asked for clarification on where the playground is. Mr. Lyons said it is located behind the school. Mr. Nichols asked if there were any concerns with the electronic sign in the residential neighborhood. Mr. Lyons said that it meets the code requirement for EMCs. Mr. Slusarek said that code requires it to be at least 100 feet from a residential zoned property and it’s over that. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Jim Fochs; OASD, 1404 S Main St, said the center part of the reverse “C” is hardscape playground which is important for handicap accessible plus some asphalt playgrounds and a natural turf play area. He said that on the elevations image, the piece that seems to be sitting on top of the building is a mechanical penthouse for ventilation. Joyce Anderson; 835 Hazel St, asked for clarification about the fencing. Mr. Slusarek said there is six-foot wooden fencing along the residential properties. Ms. Anderson asked if the sign will be facing Hazel St. Mr. Slusarek said it will be facing north and south. Mr. Lyons said that it is a monument style sign that would be viewed when driving north and south on Hazel St. Ms. Anderson asked if the neighbors would be able to see it. Mr. Lyons said there is landscaping in the area that should buffer the view from the neighbors. Ms. Anderson asked if they felt like the fence would help secure the school. __________________________________ Plan Commission Minutes 9 May 16, 2023 Mr. Lyons said he would defer to the applicant about security, but the fence is a code requirement because of the buffer yard standards. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Mr. Fochs said when it comes to security, there will be exterior and interior cameras which will cover the entire site, there is a lighting plan approved by the city so the site itself will be secured. There is a woven fence to the east and west so if police officers want to monitor the property, they will be able to. Ms. Davey asked the applicant how many parking stalls are currently in the lot since there will be 96 in the new lot. Mr. Fochs said he believes it is around 50 parking spots. Ms. Davey said that it should help with on street parking. Mr. Fochs said it will help significantly and it will support all the staff working in the facility. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. Motion carried 5-0. V.A. PUBLIC HEARING: ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTY LOCATED at 3300 MEDALIST DRIVE 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 Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for a property located at 3300 Medalist Drive. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject area included in the zone change request consists of one developed industrial parcel (building is currently vacant) totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and W. 33rd Avenue. The subject site as well as the surrounding area is located in the Aviation Industrial Park and consists of industrial __________________________________ Plan Commission Minutes 10 May 16, 2023 uses. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for a future use expansion of the subject property. The applicant has submitted applications for General Development and Specific Implementation Plans to add personal storage facilities which will be reviewed under the subsequent item. Staff is supportive of the proposed zone change to include a Planned Development Overlay as it will serve to accommodate future development needs for the site. The proposed HI-PD zoning designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation (Industrial) as well as the surrounding land uses, which are exclusively industrial. Also, the Planned Development Overlay will provide further review of the proposed personal storge component which is appropriate due to the property being located within an Industrial Park. Staff recommends approval with the findings and conditions as stated 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. Brian Fisher; Fisher & Consultants, 147N10764 Heritage Parkway, Germantown, said he is representing the owner and is available for questions. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 5-0. V.B. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN REVIEW FOR ADDITION OF PERSONAL STORAGE FACILITY USE AT 3300 MEDALIST DRIVE Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. __________________________________ Plan Commission Minutes 11 May 16, 2023 The petitioner requests General Development and Specific Implementation Plan approval to add a personal storage facility use at 3300 Medalist Drive. Mr. Nau presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject area involving this request consists of one developed industrial parcel totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and W. 33rd Avenue. Existing structures include an approximately 140,000 square foot manufacturing building, a separate 19,500 square foot office building, three main off-street parking areas and accessory structures. The subject site as well as the surrounding area is located in the Aviation Industrial Park and consists of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject properties as well as the adjoining parcels. Staff recommends approval with the findings and conditions as stated in the staff report. Mr. Perry opened up technical questions to staff. Mr. Coulibaly asked for clarification on the site plan. Mr. Lyons said that what Mr. Coulibaly is referring to is a potential fire lane. Mr. Coulibaly asked how wide the fire lane is. Mr. Lyons said it is 24 feet. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Mr. Fisher pointed out an area of the site plan where the berm will be located. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Mr. Fisher said he appreciates the opportunity to develop this facility in this location. Individual garages for RV’s and boats that’s heated is unique in the area. It’s a great opportunity if the City of Oshkosh ever has an ordinance that doesn’t allow people to park RVs in their driveways, there will be a place to put them. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. __________________________________ Plan Commission Minutes 12 May 16, 2023 Mr. Perry said that this is a good place for storage so he doesn’t see anything wrong with this. As an RV owner, he agrees that it is hard to find indoor heated storage for RV’s and some neighborhoods in the city do have covenants that do not allow parking in the driveway. Motion carried 5-0. VI.A. PUBLIC HEARING: ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (HI-PD) FOR PROPERTIES LOCATED AT 3400 – 3454 JACKSON 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 Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) for three properties located at 3400 - 3454 Jackson Street. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject area included in the zone change request consists of two commercial parcels (Soper Companies) and a residential parcel that has been annexed into the City from the Town of Oshkosh, with a total of approximately 7.81 acres. The properties have frontage along Jackson Street. The surrounding area consists primarily of industrial and commercial uses to the north, commercial uses to the west, residential uses to the south, and industrial uses to the east. The 2040 Comprehensive Plan recommends Industrial land use for the subject properties and the adjoining parcels. The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for future expansion and redevelopment of the subject properties. The applicant intends to combine the three subject properties and has submitted plans for expansion of the contractor yard area which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review under the subsequent item. The applicant is requesting this zone change to establish a Planned Development Overlay to provide flexibility to accommodate site constraints for future expansion and redevelopment of the subject properties. The applicant intends to combine the three subject properties and has submitted plans for expansion of the contractor yard area which will be addressed as General Development Plan (GDP) and Specific Implementation Plan (SIP) review under the subsequent item. Staff recommends approval with the findings and conditions as stated in the staff report. Mr. Perry opened up technical questions to staff. Ms. Propp asked if Plan Commission was approving the outdoor storage. Mr. Lyons said that is correct. __________________________________ Plan Commission Minutes 13 May 16, 2023 Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Ethan Engle; 3420 Jackson St, said it’s a unique site as far as shape and mobility with some outdoor storage from previous owners. Soper is a heavy civil construction and trucking contractor with snow removal and landscaping. Most of the heavy equipment will be store off-site. This is more for the smaller trucks and items like plows. The future plan could be to expand to fill in the southeast corner. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 5-0. VI.B. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR OUTDOOR STORAGE AREA LOCATED AT 3400-3454 JACKSON STREET Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner requests General Development plan and Specific Implementation Plan approval for outdoor storage at 3400-3454 Jackson Street. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject area included in the zone change request consists of two commercial parcels (Soper Companies) and a residential parcel that has been annexed into the City from the Town of Oshkosh, with a total of approximately 7.81 acres. The properties have frontage along Jackson Street. The surrounding area consists primarily of industrial and commercial uses to the north, commercial uses to the west, residential uses to the south, and industrial uses to the east. The 2040 Comprehensive Plan recommends Industrial land use for the subject properties and the adjoining parcels. The applicant is proposing to combine the subject parcels into one lot and expand gravel areas on the site for a total of approximately 43,000 sq. ft. of outdoor storage. The residential property (3400 Jackson St.) has been annexed into the City from the Town of Oshkosh and will be combined with the two existing properties owned by the applicant through a CSM. __________________________________ Plan Commission Minutes 14 May 16, 2023 According to the applicant, the gravel areas will be utilized for storage of equipment and materials associated with Soper Companies construction service. Outdoor storage is a conditional use in the HI district. Staff is supportive of the proposed land use as it is compatible with surrounding industrial land uses to the north/east and commercial uses to the west. Staff is recommending the bufferyard requirements be met along the south property line to mitigate impacts on the neighboring property to the south. The applicant has requested an access control variance to retain the three existing driveways on site to accommodate vehicle circulation. However, the Department of Public Works has recommended that the site be limited to two driveway accesses. The plan includes new gravel storage areas to the south of the existing site as well as to the rear of the existing building at 3420 Jackson St. The outdoor storage areas will be screened from Jackson St. and the neighboring properties to the south with 8’ tall vinyl and interwoven slatted chain link fencing, per outdoor storage screening requirements. Outdoor storage will only be permitted in the approved and screened areas. All other current outdoor storage areas will need to be removed. Screening is not required along neighboring existing industrial properties to the east. The applicant is requesting a BSM for the storage area to be located closer to the street than the principal structure, where code requires outdoor storage areas and the required 8’ tall solid screening to be located outside of the required or provided front yard. To offset this BSM request, the applicant is providing higher quality fencing (vinyl) and more landscaping than required by code on the street side of the fence. Staff is supportive the BSM request as the enhanced fencing and landscaping will serve to buffer the storage area from the public right-of-way. Staff is recommending a condition that 8’ tall solid vinyl fencing be utilized for all areas located closer to the street than the principal building and adjacent to the residential property to the south to provide a more attractive buffer than interwoven chain-link fencing. Staff recommends approval with the findings and conditions as stated 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. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 5-0. __________________________________ Plan Commission Minutes 15 May 16, 2023 VII.A. GENERAL DEVELOPMENT PLAN & SPECIAL IMPLEMENTATION PLAN APPROVAL FOR A COMMERCIAL DEVELOPMENT ON THE PROPERTY LOCATED AT 420 S. KOELLER STREET Site Inspections Report: No Commissioners reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of General Development Plan (GDP) and Special Implementation Plan (SIP) for a commercial development. Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject site is a 2.16-acre commercial property with frontage on S. Koeller Street. The property currently has a 39,566 square foot commercial building (bank) with a parking lot and is zoned Suburban Mixed Use with a Planned Development Overlay (SMU-PD). The site is surrounded predominantly by commercial uses as well as residential condos to the east. The 2040 Comprehensive Land Use Plans recommends Interstate Commercial use for the subject area. The applicant is requesting approval of a General Development Plan and Special Implementation Plan for the redevelopment of property located at 420 S. Koeller St. The applicant is proposing to redevelop the site for a new bank and restaurant. These uses are permitted in the SMU Zoning District. The applicant is requesting a base standard modification (BSM) for a setback reduction from the rear lot line to 11 feet where code requires 25 feet to accommodate a parking stall bump out. This request is in a specific area on the rear of the parking lot and is 18 feet wide. Bump out area is shown in the image below. Staff is supportive of this request as it is a minimal area and will be offset with increased landscaping. The site plan shows 23 stalls on site 1 (Old National Bank) and 34 stalls on site 2 (Chipotle), where code allows a maximum of 25 for each site, therefore the ONB site is meeting code. According to the applicant, the restaurant anticipates this location to be one if its top producing sites in Wisconsin and therefore is requesting 18 spaces for customer parking, and 12 spaces for employee parking to accommodate cross shift (when they have more than the normal number of employees at the site, which is typically 7 to 9), and 2 pull ahead spaces for the “Chipotlane” drive up window and 2 “Burrito Loading Zone” spaces for pre-ordered and in-store pickups. Staff is supportive of the BSM for increased parking on the Chipotle site due to the nature of the business occupying the site and the applicants proposed landscaping plan to offset the BSM request. Staff is supportive the change as the dynamic of these types of uses has dramatically change since the pandemic and we are seeing a trend of additional spaces need to accommodate food delivery services and online pick up ordering. The applicant is requesting a BSM for an increase in impervious surface to be at 71.1% on the ONB site, where code allows a maximum of 70% in the SMU zoning district. The Chipotle site has a proposed total impervious surface of 63.9%. Staff is supportive of the BSM request for increased __________________________________ Plan Commission Minutes 16 May 16, 2023 impervious surface on the ONB site due to the overall development being under the 70% maximum and the overall site being decreased from the existing 80.1%. Staff recommends approval with the findings and conditions as stated in the staff report. Mr. Perry opened up technical questions to staff. Mr. Nichols asked if because the properties are being split, will there be a restriction on parking spots. Mr. Lyons said that any changes would have to come back because it is a planned development. If they did want to make an expansion in the future, they would look at the site as a whole. The stormwater management for the parcel is sitting on the southern side. Mr. Perry asked if the curb cuts are remaining the same. Mr. Lyons said that they will be roughly the same. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Joel Ehrfurth; Mach IV Engineering, 2260 Salscheider Ct, Green Bay, stated that each site will have their own stormwater. The driveway openings on the north side are what they are today, and on the south side they will be slightly smaller. They are exceeding the impervious surface on the north side to keep the shared access agreement so they have to keep the whole stretch of the north side asphalt. 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 Coulibaly. Mr. Perry asked if there was any discussion on the motion. Motion carried 5-0. VII.B. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A TEMPORARY USE PERMIT EXTENSION AT 420 S. KOELLER STREET Site Inspections Report: No Commissioners reported visiting the site Staff report accepted as part of the record. __________________________________ Plan Commission Minutes 17 May 16, 2023 The applicant is requesting a Conditional Use Permit to extend a temporary use permit for a Temporary Relocatable Building during construction of a new bank. Mr. Nielsen presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject site is a 2.16-acre commercial property with frontage on S. Koeller Street. The property currently has 39,566 square foot commercial building (bank) and is zoned Suburban Mixed Use with a Planned Development Overlay (SMU-PD). The proposed development is surrounded predominantly by commercial uses as well as residential condos to the east. The applicant is requesting to set up a temporary mobile bank trailer during the razing and construction of the Old National Bank building. The applicant is proposing to utilize a Temporary Relocatable Building to maintain bank operations during the site redevelopment. According to the submitted project timeline the Temporary Relocatable Building will be needed from project approval until completion of the new Old National Bank building. A Temporary Use Permit (TUP) will need to be issued when applicable and approval of this CUP will allow that TUP to be extended until the project is complete. The applicant is proposing to use a 24’x 56’ temporary trailer as a temporary bank while the existing bank is razed and reconstruction occurs. The TUP extension is needed to provide a sufficient amount of time for this redevelopment project to be completed, while also allowing Old National Bank to continue providing services to their clients without disruption in their normal daily activities. Staff is supportive of the TUP extension as the Temporary Relocatable Building is needed in order for the bank to continue its operation, onsite, for the duration of construction of the new bank. Staff recommends approval with the findings and conditions as stated 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. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 5-0. __________________________________ Plan Commission Minutes 18 May 16, 2023 VIII. GENERAL DEVELOPMENT PLAN AMENDMENT AND SPECIFIC IMPLEMENTATION PLAN FOR A COMMERCIAL DEVELOPMENT AT NORTHWEST CORNER OF OSHKOSH AVENUE & N. WESTFIELD STREET Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner requests approval of a General Development Plan (GDP) amendment and Specific Implementation Plan (SIP) for a commercial development at the northwest corner of Oshkosh Avenue and N. Westfield Street. Mr. Slusarek presented the items and reviewed the sites and surrounding area as well as the land use and zoning classifications in this area. The subject site consists of a 1.33-acre vacant parcel at the northwest corner of Oshkosh Avenue and N. Westfield Street. The property is zoned Corporate Business Park with a Planned Development Overlay (CBP-PD) and the surrounding area consists of commercial uses to the east and west, hotel to the north, and residential uses to the south. A General Development Plan (GDP) was approved in March, 2018 for hotel, commercial and retail uses on the 1700 Block of Oshkosh Avenue, including a 5,190 sq. ft. restaurant in the general area of the subject site. The General Development Plan was amended in August, 2018 with a 14,190 sq. ft. future commercial building shown on the subject site. The 2040 Comprehensive Plan recommends Interstate Commercial land use for the subject property. The applicant is proposing a two-phase development on the subject site. Phase 1 is a 4,200 sq. ft. single-story restaurant/sports bar with a 1,000 sq. ft. covered patio. Phase 2 is a future 4,120 sq. ft. commercial building addition with 580 sq. ft. outdoor patio. The proposed plans were discussed at a Plan Commission workshop on March 21, 2023, with Plan Commission voicing support of the proposal. A General Development Plan (GDP) amendment is required for the proposed plans as the configuration of the of the development is not consistent with the site layout of the existing GDP. Staff does not have concerns with the requested GDP amendment as the proposed use and site design are consistent with Corporate Business Park standards. The proposed restaurant use (Phase 1) is a conditional use in the Corporate Business Park District (CBP) and the specific implementation plan (SIP) will be addressed within this report. The Phase 2 building addition will be addressed under a separate future SIP request. Staff recommends approval with the findings and conditions as stated 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. __________________________________ Plan Commission Minutes 19 May 16, 2023 Steve Hoopman, 5105 I Ah Maytah Rd, said they decided to do this project in two phases and are working with some potential tenants. Ms. Davey asked what they are allowing in these spaces for EV charging. Mr. Hoopman said that is something the hotel is working on but he doesn’t have details on it currently. Mr. Perry asked if this project will be starting shortly. Mr. Hoopman said that it will hopefully get started mid-June and should occupy by November. Mr. Nichols asked if there are agreements between any of the properties for parking lot use. Mr. Hoopman said there are cross access agreements. Mr. Coulibaly asked if the west side of the building is going to be expanded into something. Mr. Lyons said that currently it is green space but the applicant is hoping for two tenant spaces. 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 Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 5-0. IX. APPROVE RULES FOR PUBLIC COMMENT ON PLAN COMMISSION ITEMS Mr. Lyons said this a follow up from the workshop where Plan Commission expressed desire to implement some rules related to public speaking and participation. He worked with the City Attorney’s office to draft language that would be compatible with Council’s with the modifications that Plan Commission discussed. We have incorporated the civility pledge to try and be mindful with the community with what we expect during public meetings. If approved, it will be placed on the agenda for everyone to follow. Mr. Perry said that he and the rest of Plan Commission find this necessary so that we can have a much more meaningful meeting occur and more respect among all parties. __________________________________ Plan Commission Minutes 20 May 16, 2023 Motion by Coulibaly to adopt the rule for public comment on Plan Commission items. Seconded by Davey. Motion carried 5-0. There being no further business, the meeting adjourned at approximately 5:52 pm. (Propp/Davey) Respectfully Submitted, Mark Lyons Planning Services Manager