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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 January 16, 2024 PLAN COMMISSION MINUTES January 16, 2024 PRESENT: Meredith Scheuermann, Karl Loewenstein, Ed Bowen, Mamadou Coulibaly, Margy Davey, Council Member Esslinger, Kristopher Ulrich, John Kiefer, Thomas Perry EXCUSED: DJ Nichols, Kathleen Propp STAFF: Mark Lyons, Planning Services Manager; Justin Gierach, Engineering Division Manager; Brian Slusarek, Planner; Jeff Nau, Planner; Brandon Nielsen, 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 January 2, 2024 were approved as presented. (Davey/Scheuermann) Mr. Bowen arrived at 4:05pm. I. RIGHT-OF-WAY VACATION OF IVY PLACE AND PUBLIC ALLEY LOCATED BETWEEN NORTH MAIN STREET AND DIVISION STREET, SOUTH OF CHURCH AVENUE Site Inspections Report: Ms. Scheuermann, Ms. Davey, and Mr. Esslinger, reported visiting the site. Staff report accepted as part of the record. The Department of Community Development is requesting the vacation of Ivy Place and an alley located south of Church Avenue, between North Main Street and Division Street, at the 400 Block West Parking Lot. Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The area in this request involves Ivy Place, a 60-foot right- of-way starting perpendicular to Division Street heading to the southeast approximately 190 feet, then dog-legging south into a 30-foot right-a-way approximately 150 feet totaling 15,323 square feet (0.352 acres). This request also includes the vacation of a 11-foot wide. 130-foot long, 1,440 square foot (0.033 acres) public alley located west of properties along North Main Street, south of Church Avenue. These right-of-ways were dedicated sometime in the mid-1800s. The railroad line used to run through this property. After the railroad was vacated in 1995 or 1996 the City upgraded and improved the parking lot. This past fall the parking lot was resurfaced, and City staff thought it would be prudent to vacate these right-of-ways. They are not serving as a public street but more as a parking lot, which is typically found on private property __________________________________ Plan Commission Minutes 2 January 16, 2024 The vacation of Ivy Place, per statute, will transfer the underlying land to the adjacent properties. The City will receive the majority of Ivy Place except for a 30-foot by 120-foot section that will be attached to 420 Division Street. Staff has been in contact with the owner of 420 Division Street (James Stapel) and he in support to receive the vacated right-of-way. The vacation of the public alley will also transfer the underlying land to the adjacent properties. The City will receive the western ½ while three properties along North Main Street (459, 463 & 465 North Main Street) will each receive the eastern ½ adjacent to their property. The owner of these properties (James Stapel) is aware of the proposed vacation and is not opposed to it. Staff supports the right-of-way vacation request as proposed. This is essentially a clean-up request to transfer publicly-owned land to private ownership to accommodate the underlying use as a parking lot. Staff recommends approval of the vacation of Ivy Place and Public Alley as requested. Mr. Perry opened up technical questions to staff. Ms. Scheuermann wondered how the process usually works with these types of situations. Mr. Lyons stated anytime we work with Public Works on City owned lots, it is on a site-by-site basis. Mr. Nau stated there was very extensive survey work done. Mr. Perry opened the public hearing. No statement from the City. Mr. Perry asked if other members of the public wished to speak. There were none, so Mr. Perry closed public comments. Motion by Kiefer 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. Motion carried 9-0 Mr. Nielsen presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in the area for items II.A and II.B together. Site Inspections Report: Ms. Scheuermann, Mr. Bowen, Ms. Davey, and Mr. Ulrich reported visiting the site. Staff reports accepted as part of the record. __________________________________ Plan Commission Minutes 3 January 16, 2024 II.A. COMMERCIAL DESIGN STANDARDS VARIANCE FOR EXTERIOR BUILDING MATERIALS AT 255 E SNELL ROAD The applicant is requesting approval of a variance from the City’s Commercial Design Standards to allow for Class IV exterior building materials at 255 East Snell Road. The subject site consists of a single lot that is 1.2 acres and is located east of North Main Street on the south side of East Snell Road. The site includes three personal storage buildings that were constructed in 2006. At this time Class IV exterior building materials were used to clad the storage buildings. The surrounding area consists of industrial uses to the west and southwest and residential uses to the east and north, while the property located directly to the south is currently used for agriculture. The applicant has proposed a fourth 30’ x 101’ personal storage building on the east side of the subject property which is currently green space/grass. The building is planned to be sectioned into three equal units. According to the applicant, the site contains sixty-six (66) self-storage units and this project would add three to that for a total of sixty-nine (69) units. As proposed, the fourth building is to be clad in vertically oriented corrugated metal siding and roofing. This material is considered a Class IV material and therefore prohibited within industrial land uses. According to the applicant, the existing three buildings are clad with this same material and the owner would like the fourth building to aesthetically match those existing buildings. Staff is of the opinion that the proposed exterior materials (vertically oriented corrugated metal) will not have a detrimental impact on the overall appearance of the site as the proposed materials will be complementary to the existing buildings. Although corrugated metal is considered a class IV material, staff feels that cladding a new building with a similar exterior material as the existing buildings will keep the site consistent as the proposed fourth buildings appearance will be well- matched with what is currently on site, as well as other building facades on neighboring industrial sites on East and West Snell Road, which appear to utilize a similar corrugated metal for siding and roofing. Staff recommends approval of a variance from the City’s Commercial Design Standards to allow for usage of a Class IV exterior building material for siding and roofing at 255 East Snell Road with the finding listed in the staff report. II.B. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A PERSONAL STORAGE FACILITY AT 255 EAST SNELL ROAD The applicant is requesting a Conditional Use Permit for a personal storage facility at the subject site. Personal Storage Facilities are permitted only through a Conditional Use Permit (CUP) in the Heavy Industrial District (HI). __________________________________ Plan Commission Minutes 4 January 16, 2024 As stated previously, the subject site consists of a single lot that is 1.2 acres and is located east of North Main Street on the south side of East Snell Road. The site includes three personal storage buildings that were constructed in 2006. The proposed site plan meets the setbacks and impervious surface requirements for the Heavy Industrial Zoning District. The applicant stated that the proposed use should not disturb neighboring properties as it does not have any associated noise, fumes, odors, or glare associated with the land use. The proposed land use requires 1 parking space per employee on the largest work shift. There are no employees at this site so no parking spaces area required. Parking, that is needed while loading and unloading storage items, is permitted in drive aisles. The applicant’s submittal does not include a sign package. Any signage will need to meet the signage requirements for the HI District. A lighting plan has not been submitted. If additional lighting is needed on the new building a photometric plan will need to be provided to verify compliance with City lighting standards. The proposed new storage building will require that 30 yard landscaping points and 52 building foundation landscaping points be installed. The proposed landscaping plan meets both of these requirements with 30 yard landscaping points and 70 building foundation landscaping points. The applicant shows an existing storm water detention area on the south side of the site however a storm water management plan has not been submitted. The Department of Public Works noted that full site plan review will be required. Staff recommends approval of the proposed Conditional Use Permit for a personal storage facility at 255 East Snell Road as proposed with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Coulibaly was wondering how often there are cases where we have to make exceptions, when codes change over time. Concerned with setting a precedent. Mr. Lyons stated this is a rare case. Staff is not worried about setting a precedent. In this case, having a new building that matches the exterior of what is already there, will avoid making it look out of place. Mr. Kiefer was wondering why lighting and storm water plans are not required prior to Plan Commission taking action. Mr. Lyons stated they are requirements that need to be met prior to building, so do not need to be part of the CUP. Plan Commission deals with the proposed land use, and whether or not it makes sense. __________________________________ Plan Commission Minutes 5 January 16, 2024 Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Chet Wesenberg, 531 North Main Street in Oshkosh, made himself available for questions. Mr. Perry asked if other members of the public wished to speak. There were none, so Mr. Perry closed public comments. There was no closing statement from the applicant. II.A - Motion by Scheuermann to adopt the findings and recommendation as stated in the staff report. Seconded by Ulrich. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0 II.B - 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 9-0 III. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR A CONCRETE BATCH PLANT AT 3010 BRADLEY STREET Site Inspections Report: No one reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit Amendment for a concrete batch plant at the subject site. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site is a vacant parcel located on the east side of Bradley Street approximately 500 feet north of West Waukau Avenue. The surrounding area consists of industrial uses to the north and west, a cemetery to the south, and an active railroad to the east. __________________________________ Plan Commission Minutes 6 January 16, 2024 On August 24, 2021, a CUP was approved to renew the outdoor storage use for recycling/crushing of asphalt and concrete used by Vinton Construction along with storage of construction equipment, job trailers, and semi-trailers. The applicant is requesting to amend the existing CUP. Vinton Construction is proposing to place a mobile concrete batch plant on the site. The existing recycling/crushing and storage uses will remain. The concrete batch plant will be utilized for production of concrete for private and municipal road projects, and will be operated by 3 employees. The proposed Heavy Industrial use is permitted by-right in the HI zoning district and is compatible with existing uses in the area. The proposed plant consists of a 75’ X 100’ setup area. The proposed setup area meets minimum setback requirements of the HI district and will be over an existing gravel area which will not result in additional impervious surface on the site. The proposed plant will have a height of 75’. This exceeds the maximum height for the HI district of 60’, however the zoning ordinance allows concrete mixing bins to exceed maximum height regulations. The proposed 75’ height is under the maximum Airport Zoning height of 76.1’ for this area. Staff recommends approval of the proposed Conditional Use Permit Amendment for a concrete batch plant at 3010 Bradley Street as proposed with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Davey asked if there was a time limit on this. Mr. Lyons stated this would be a permanent allowable use. Mr. Ulrich asked if there were any noise ordinance concerns. Mr. Lyons stated they would have to follow the noise ordinance. This would not give them any exemptions. Mr. Loewenstein wondering how loud it is, and if anyone has consulted the neighbors. Mr. Lyons stated the concrete crushing portion was previously approved. Today we are just looking at the batch plant, which hopefully would be less noise than the crushing. The applicant may be able to speak more on the noise levels. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Bill Vachon, of Vinton Construction, 3920 Jingle Terrace in Green Bay. They did noise surveys on other properties, and they do fall within the noise ordinance. Last year they used the plant 54 days so it is not a day-to-day, week-by-week, operation. Mr. Perry asked if other members of the public wished to speak. There were none, so Mr. Perry closed public comments. __________________________________ Plan Commission Minutes 7 January 16, 2024 There was no closing statement from the applicant. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Ulrich. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0 IV. GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A COMMERCIAL DEVELOPMENT AT 0 OSHKOSH AVENUE (PARCEL 1610870801) Mr. Perry stated the applicant has asked this to be tabled until another Plan Commission meeting. Mr. Lyons stated the applicant stated their representative was not going to be able to make it today. They asked if Plan Commission would be willing to lay it over to the February 6th meeting where they would be able to attend. Because it was noticed, and on the agenda, we need to take formal action to layover at this meeting. Motion by Esslinger to lay it over to the February 6th meeting. Seconded by Coulibaly. Mr. Perry asked if there was any discussion on the motion. Motion carried 9-0 There being no further business, the meeting adjourned at approximately 4:28 pm. (Kiefer/Davey) Respectfully Submitted, Mark Lyons Planning Services Manager ML/km