900 Quay Street

Manitowoc, WI 54220

www.manitowoc.org

City of Manitowoc

Meeting Minutes

Plan Commission

Wednesday, January 25, 2023

6:00 PM

Council Chambers. Meeting also available via

Zoom remote conferencing software.

I. CALL TO ORDER

The meeting of the City Plan Commission was called to order by Acting

Chairman J. Brey at 6:00 PM.

II. ROLL CALL

7 -

Present:

Greg Jagemann, Curtis Hall, Dave Diedrich, Daniel Hornung, Dan Koski, Dennis

Steinbrenner and Jim Brey

1 - Mayor Nickels

Absent:

Staff Present: Paul Braun, Jen Bartz

Others Present: Barry Schardt, Jeremy Anderson, Mike Howe, Kyle Root

III. APPROVAL OF MINUTES

23-0061

Approval of Minutes of the December 21, 2022 Plan Commission meeting.

Moved by Diedrich, seconded by Hornung, that the Minutes of the December 21,

2022 meeting be approved. The motion carried by the following vote:

7 -

Aye:

Member Jagemann, Member Hall, Member Diedrich, Member Hornung, Member

Koski, Member Steinbrenner and Alderperson Brey

IV. PUBLIC HEARINGS

23-0062

PC 4-2023: East Point Land Development/Howe; Request for a

Conditional Use Permit for the Creation of a Planned Unit Development

(PUD) pursuant to 15.750; recommending to approve the Conditional Use

Permit creating the Planned Unit Development for The Preserve at Lincoln

Park

P. Braun detailed the location of the proposed 34-lot subdivision - 33 of

which will be buildable lots. He stated that the reason for Conditional Use

Permit (CUP) and Planned Unit Development (PUD) is to allow for flexibility

in the setbacks from typical residential setbacks, which will be reduced per

the PUD. He stated that lots are larger than what are the minimum required

in the R-4 Single and Two Family zoning district. He added that all drives

and utilities will be private and there will be no costs to City for installation

or future maintenance.

P. Braun's report indicated that notices were sent to neighbors and no

concerns were received.

Acting Chairman J. Brey asked the Commissioners for questions.

D. Hornung stated that he is in support and added that the water main will

be public and not private per Public Service Commission requirements. D.

Diedrich added that this project is a good example of what we learned in

the housing study about the need to be flexible with development. G.

Jagemann added that he is in support of the infill development.

Acting Chairman J. Brey asked for public input. There was none.

Paul read recommendation to approve the CUP for the development of a

PUD.

Moved by Diedrich, seconded by Jagemann, that the Request for a Conditional

Use Permit for the Creation of a Planned Unit Development (PUD) pursuant to

15.750 be approved and referred to Council. The motion carried by the following

vote:

7 -

Aye:

Member Jagemann, Member Hall, Member Diedrich, Member Hornung, Member

Koski, Member Steinbrenner and Alderperson Brey

23-0063

PC 5-2023: Empire Estates, LLC / Kyle Root; Rezone from B-3 General

Business District to R-7 Central Resident District for property located at

1210 South 9th Street

P. Braun reviewed the request and noted that the applicant was converting

a residential property from two-family to three-family. During remodeling

Mr. Root found that it was zoned B-3 General Business, which meant his

residential use was a legal non-conforming use. P. Braun stated that the

original request was for the 1210 S. 9th Street property only, but it was a

staff recommendation to rezone a larger area removing other similar

properties from the non-conforming status. Residential properties along S.

10th Street were not included because they had characters similar to

properties along a commercial or business corridor.

P. Braun's report indicated that notices were sent to neighbors and no

comments were received.

Acting Chairman J. Brey asked the Commissioners for questions. There

were none.

Acting Chairman J. Brey asked for public input. There was none.

P. Braun read the recommendation to approve the rezone of the larger

area located in Block 317 of the original plat, generally located along the

west of S. 9th Street, the south side of Hamilton Street and the north side of

Madison Street.

Moved by Koski, seconded by Diedrich, that the Rezone from B-3 General

Business District to R-7 Central Resident District be approved and referred to

council. The motion carried by the following vote:

7 -

Aye:

Member Jagemann, Member Hall, Member Diedrich, Member Hornung, Member

Koski, Member Steinbrenner and Alderperson Brey

23-0064

PC 6-2023: McMullen & Pitz Construction Co.; Request for a Conditional

Use Permit for the Establishment of a Contractor’s Storage Yard pursuant

to 15.330(4). Recommending to approve the issuance of a Conditional

Use Permit to McMullen & Pitz Construction Company for the

establishment of a Contractor's Equipment Storage Yard in a I-1 Light

Industrial zoning district pursuant to the conditions

P. Braun reviewed the project location and stated that the applicant,

McMullen & Pitz, has an agreement to purchase the property if a

Conditional Use Permit is approved. He added that the applicant will move

product from the current contractor lay down location on River Point to the

proposed CUP site. He added that McMullen & Pitz has indicated that the

site will not be used on a daily basis. He reviewed the conditions with the

Commission.

P. Braun stated that notices were sent to neighbors and no concerns were

received.

Acting Chairman J. Brey asked the Commissioners for questions. There

were none.

Acting Chairman J. Brey asked for public input.

Barry Schardt, 801 S Rapids Road, stated that he owns the adjoining

property on Custer Street and expressed concerns with storm water and

drainage. He stated that it is a tree-filled lot, which will require a lot of

excavation. He added that while letters were mailed on 1/18, did not

receive until 1/23. He stated he was opposed to the project.

Jeremy Anderson, 816 S 24th Street, stated that he represents McMullen &

Pitz and noted that they are working with a storm water engineer to

address any drainage issues. He added that the property has been

inspected and they are working through Wisconsin DNR permits regarding

any grading at the site. He stated that McMullen & Pitz anticipates growing

slowly into the full area of the site and added it should not affect the

neighboring property in the near term.

D. Diedrich asked why a CUP is required if property is zoned I-1 Light

Industrial. P. Braun stated that there are permitted uses and those that

require a CUP. He added that the conditions allow for development of the

site that is not a disruption to the neighborhood.

Acting Chairman J. Brey asked about "screening" term. P. Braun said that

the condition was written open ended to address site screening dependent

on how the site develops. D. Hornung asked if a condition should be added

to review the CUP in two years to stay in compliance. All agreed to add

two-year review condition. The CUP will be reviewed at the January 2025

Plan Commission meeting.

P.Braun read the recommendation to approve with the amendment to

review in two years to stay in compliance.

Moved by Hornung, seconded by Jagemann, that Request for a Conditional Use

Permit for the Establishment of a Contractor’s Storage Yard pursuant to 15.330(4)

be approved as amended with the additional two-year review condition and

referred to Council. The motion carried by the following vote:

7 -

Aye:

Member Jagemann, Member Hall, Member Diedrich, Member Hornung, Member

Koski, Member Steinbrenner and Alderperson Brey

V. OLD BUSINESS

23-0065

PC 5-2022: Update on the Comprehensive Plan Project. Discuss

Comprehensive Plan Policy questions.

P. Braun shared discussion topics regarding the update to the

Comprehensive Plan. He stated that there were some over-arching policy

statements that Vandewalle and Associates needed clarity on. He added,

knowing that Mayor Nickels would be excused from the Plan Commission

meeting, that he met with the Mayor to get his opinion on the policy

questions in the Comprehensive Plan.

D. Diedrch stated that the plan created in 2009 had substance, whereas he

felt this one had more fluff and less action. Acting Chairman J. Brey

agreed.

Discussion ensued among the Commissioners regarding creation of a

Stormwater Utility, use of Equity Diversity & Inclusion (EDI) language,

possible development of a Climate Action Plan, and a focus on the

Calumet Avenue corridor in anticipation of the impending reconstruction.

The following was agreed upon:

• Creation of a Stormwater Utility. Remove the language from plan and the

Council could pursue the utility outside of the Comprehensive Plan, if

needed.

• EDI Language: Keep language as currently used as diversity is a

community asset.

• Climate Action Plan / Resiliency / Sustainability. Retain in the plan, but

soften language from must or will to shall or consider.

• Calumet Avenue Corridor: Retain and strengthen the language in the plan

to focus on improving pedestrian and bike accessibility and safety; also

investigate "road diet" strategies seeing if redesigns to the vehicle lanes

are practical in addition to improving aesthetics along the corridor.

This Comprehensive Plan Update was discussed.

VI. NEW BUSINESS

23-0066

PC 2-2023: Annual Review of Community Living Arrangements pursuant to

MMC 15.370(19)b. Pursuant to section 15.370(19) the Plan Commission

has reviewed the Community Living Arrangements and is recommending

to the Council to approve the associated licenses for the Community Living

Arrangements for 2023

P. Braun stated that there were no issues reported from the Police,

Building Inspection, Fire or Clerk Departments.

Moved by Hornung, seconded by Koski, that Annual Review of Community Living

Arrangements pursuant to MMC 15.370(19)b be approved for consent agenda. The

motion carried by the following vote:

7 -

Aye:

Member Jagemann, Member Hall, Member Diedrich, Member Hornung, Member

Koski, Member Steinbrenner and Alderperson Brey

23-0067

PC 3-2023: East Point Land Development/Howe; Review of Subdivision

Preliminary Plat for The Preserves at Lincoln Park; Parcel# 817-304-010

Moved by Hornung, seconded by Jagemann, that the Review of Subdivision

Preliminary Plat for The Preserves at Lincoln Park be approved for consent

agenda. The motion carried by the following vote:

7 -

Aye:

Member Jagemann, Member Hall, Member Diedrich, Member Hornung, Member

Koski, Member Steinbrenner and Alderperson Brey

VII. MISCELLANEOUS

A. Manitowoc County Activities:

23-0068

Acting Chairman J. Brey shared that at the Manitowoc County Park &

Planning Commission meeting a large crowd opposed the

development. He added that the item was tabled and referred back to

the Town of Manitowoc Rapids. He said that if the Town agrees to

rezone the property again, the item will go back to Manitowoc County

Planning and Park Commission for their recommendation.

P. Braun shared information about the rezone from EA-Exclusive

Agriculture to RR-Rural Residential and the overall project. He added

that in the RR zoning district, residential uses are a permitted use and

mini warehouses are allowed only after issuance of a Conditional Use

Permit. He said that if the Town of Manitowoc Rapids approves the

rezone, the Manitowoc County Board of Adjustment would act on the

Conditional Use Permit. P. Braun stated that the Community

Development Department is not opposed to the rezoning to RR

because that district allows residential uses which are consistent with

the Future Land Use Map but the RR district also allows

mini-warehouses as a conditional use.

P. Braun added that the City's Future Land Use Map indicates the area

as residential. He said that the City's B-2 zoning district would be the

recommended zoning if the property was in the City and that district

would not allow mini- warehouse units. P. Braun, stated that an

aggressive option the City could pursue would be to create a

moratorium which freezes the zoning. He added that the City could

write a letter in opposition to the project. He added that Manitowoc

County would prefer to receive written communication from City to

understand the City's position on the proposed development.

Conversation ensued among members that the rezone does not seem

to be highest and best use of the area. Members asked if property

could be used as residential. P. Braun indicated yes it could.

Members agreed a letter of opposition should be written and sent to

Manitowoc County Planning and Park Commission and Town of

Manitowoc Rapids, with a copy to neighbors and other key

stakeholders.

Moved by Hornung, seconded by Steinbrenner, that a letter of opposition be

written by staff, reviewed by D. Diedrich and sent to key stakeholders and

neighbors. The Item was placed on file. The motion carried by the following

vote:

7 -

Aye:

Member Jagemann, Member Hall, Member Diedrich, Member Hornung, Member

Koski, Member Steinbrenner and Alderperson Brey

B. Certified Survey Maps (CSM): None

C. Summary of Site Plans:

1. SP 1-2023: Rent in Manitowoc LLC/Lighthall, Self-Storage Facility Expansion, 2625 Hamilton

Street

VIII. ADJOURNMENT

Moved by Hornung, seconded by Jagemann, that the meeting be adjourned at

7:20PM. The motion carried by the following vote:

7 -

Aye:

Member Jagemann, Member Hall, Member Diedrich, Member Hornung, Member

Koski, Member Steinbrenner and Alderperson Brey