Plan Commission (Meets 2nd Tuesday of each month at 5:00 p.m.)

Name: Plan Commission (Meets 2nd Tuesday of each month at 5:00 p.m.) — Superior, WI
Start: 2023-08-16
End: 2023-08-16
Location: Superior, WI

Regular Meeting

Superior, WI · August 16, 2023

Agenda Minutes

Minutes

PLAN COMMISSION Minutes August 16, 2023 Regular Meeting The meeting was called to order by Chair Paine at 4:00 pm on August 16, 2023 in Government Center Room 270. 1 ROLL CALL PRESENT: Jim Paine, Brent Fennessey, Lindsey Graskey, Garner Moffat, Laura Gapske, VIRTUAL: ABSENT: CITY STAFF PRESENT: Director Serck, Tech Becken OTHERS PRESENT: Shelly Nelson, Angela Watt, Ben Anderson, Laura Cuhel, John Ramos, Aftin Hughes (online), Jeramie and Melissa Olson (online) 2 APPROVAL OF MINUTES 2.1 Plan Commission Minutes from July 19, 2023 MOTION to approve July 19, 2023 Plan Commission minutes by Commissioner Fennessey, seconded by Commissioner Gapske, carried. 3 OLD BUSINESS 3.1 Amendment II to Eddie’s Small Business Grant Director Serck explained the contents of the development agreement amendment reflecting the July 19, 2023 Plan Commission discussion. MOTION to approve Development Agreement Amendment II to Eddie’s Small Business Grant by Commissioner Moffat, seconded by Commissioner Fennessey, carried. 4 NEW BUSINESS 4.1 Public Hearing for Special Use Permit SUP 23-01 Jeramie and Melissa Olson Director Serck explained the permit is the first of the new special use permit passed earlier in 2023 by Plan Commission. Serck noted the application was complete, met the requirements, and that the Olsons had already begun with initial work on the planning part of the project, working through the wetlands permitting process. Chair Paine opened the Public Hearing for Public Comment. Laura Cuhel, owner of property nearby, asked about septic and water use. Director Serck explained the lot is far enough from existing structures to allow the Olsons to use a well and septic. Cuhel asked about the installation of more fire hydrants. Director Serck explained that was out of the City’s purview, but that he would put her in contact with Superior Water Light and Power. Commissioner Gapske asked about that process and cost. Director Serck explained it would be done by Superior Water Light and Power at most likely a substantial cost. Citizen Angela Watt asked about future sale of the property. Director Serck explained the permit goes along with the property and that the house must be built to the specks of the application. If the property PLAN COMMISSION MINUTES - 08/16/23 Mtg (Meets monthly on 3RD Wednesday of each month) Page 1 of 3 were to be sold mid-project, the new owner would also be bound to following the initial application or they would have to attain their own plan approval. Neither citizen shared opposition, citing the need for more housing in the city and to have continuity in process. Cuhel also added a desire in the future to have their community area more connected to City utilities. Commissioner Gapske asked about the process by which the citizens learned of the Planning Meeting and public hearing. Director Serck explained the public hearing requirement of the Special Use Permit and noted that notice would be appropriate only when a special use is proposed, and not zoned use is proposed. Commissioner Gapske thanked the citizens for their input. Commissioner Fennessey asked about the cost of hooking into City utilities. Director Serck explained the distance between the proposed home and the existing infrastructure would increase the cost significantly. Commissioner Fennessey asked about the possibility of rezoning and if it made sense. Director Serck explained it would be significant to consider a rezoning prospect and increasing housing density would present challenges on infrastructure, wetlands, and the local manufacturing. Angela Watt asked if there were future projects planned. Director Serck shared he wasn’t aware of any, but interest had been increased lately as Douglas County has listed several in the area for sale. Commissioner Moffat added the City is committed to a zoning code update, and at that time it would be good to look more closely at the situation. MOTION to close the Public Hearing by Commissioner Fennessey, seconded by Commissioner Graskey, carried. MOTION to approve the Special Use Permit by Commissioner Gapske, seconded by Commissioner Finstad. Discussion. Commissioner Moffat shared concern about sprawl and adding housing where utilities don’t exist—doesn’t seem like infill housing as it is not inherently filling in where housing had been used. Commissioner Gapske noted the area looked rather sparce and not forest. Chair Paine added that housing is a priority and he’d be open to individuals choosing to live in manufacturing as long as they know what they’re getting into with the neighbors. Commissioner Finstad noted the area is platted and designed for residential. Commissioner Moffat added that it had changed over time and the plat reflects a different time and that there should either be more density or less density to be more efficient. Commissioner Fennessey said that while manufacturing and industrial, there is residential in surrounding areas. Commissioner Finstad said he thought this area didn’t seem like bad sprawl, but questioned if the use was the highest and best in respect to the land use in the community. Chair Paine noted three options for land use: do nothing, manufacturing if reasonable expectation it could be developed, housing as proposed, or unclear. Chair Paine asked if there was a hurry or if they could take more time. Director Serck reminded the group that State Statute dictates that if an application for a numbered Special Use Permit meets all the noted requirements it must be passed if there is not some other noted contradiction—see Wisconsin State Statute 2017 Wisconsin Act 67 Section 16. PLAN COMMISSION MINUTES - 08/16/23 Mtg (Meets monthly on 3RD Wednesday of each month) Page 2 of 3 Commissioner Fennessey asked about protecting manufacturing use. Director Serck shared there is little likelihood of manufacturing going to the area due to the the water and sewer limitations. Commissioner Moffat asked if the Comprehensive Plan could be invoked in order to refute the State Statute requiring approval of special use permits, as he saw in his experience in Minnesota. Chair Paine offered holding the application or recommend to council to approve to allow for the Council to dig in and decide. Commissioner Gapske asked if a straw poll would be appropriate. Chair Paine said those tended to be out of order and the motion on the floor was to approve. Commissioner Fennessey clarified that this special use wasn’t rezoning but allowing housing within the existing zone. Director Serck noted housing is a large component of the City’s Comprehensive Plan. Chair Paine said if the commission were to deny, then they needed a very clear reason. Commissioner Gapske stated she felt the application met the requirements, noted it was not in wetland, it met the comprehensive plan’s call for housing, and noted the area’s short building season and added her support. Commissioner Fennessey added he thought the application was also viable and housing would add to the neighborhood. Chair Paine said he would be digging into information in the next weeks but would be comfortable sending it to council. Commissioner Moffat shared his uncertainty. Chair Paine requested the applicants speak if they had anything to add. Jeramie Olson shared he appreciated the conversation and shared that the plan in front of the commission was the plan and would be what they planned to follow. Chair Paine called the question of the motion on the table. MOTION to approve the Special Use Permit by Commissioner Gapske, seconded by Commissioner Finstad. Carried. 4.2 Review and approval of Vacant to Value: New Construction application for 2920 N 21st St. V2VNC23-01 Director Serck introduced Aftin Hughes, applicant online and explained the vacant to value program as one that provides lots at no cost for in-fill housing. He described the lot as small but buildable that would allow the house to complement the neighborhood and allow for a garage in the future. Aftin Hughes thanked the commission and offered to answer any questions. Commissioner Gapske shared the missing of the local store that used to inhabit the lot. MOTION to approve Vacant to Value: New Construction application by Commissioner Fennessey, seconded by Commissioner Graskey. Discussion: Commissioner Fennessey asked for the distinction in manufactured homes. Director Serck said it was an allowed use—noting that single wide manufactured homes needed to be in mobile home parks. MOTION to approve Vacant to Value: New Construction application by Commissioner Fennessey, seconded by Commissioner Graskey. Carried. 5 ADJOURNMENT Meeting adjourned at 4:53 Respectfully submitted by Stephanie Becken. PLAN COMMISSION MINUTES - 08/16/23 Mtg (Meets monthly on 3RD Wednesday of each month) Page 3 of 3

Agenda

PLAN COMMISSION Agenda WEDNESDAY, August 16, 2023–4:00 p.m. Government Center Room 270 Microsoft Teams Meeting ID: 223 069 663 551 Passcode: 6oWwZY Or call in (audio only) 1-872-242-8028 Phone Conference ID: 472 210 618# MISSION STATEMENT: To guide and coordinate development including harbor related issues in accordance with existing and future needs. City Code 98-2. COMMITTEE MEMBERS: Jim Paine (chair), Brent Fennessey (vice-chair), Lindsey Graskey, Brian Finstad, Garner Moffat, Anne Porter, Laura Gapske 1 ROLL CALL 2 APPROVAL OF MINUTES 2.1 Plan Commission Minutes (July 19, 2023) 3 OLD BUSINESS 3.1 Amendment II to Eddie’s Small Business Grant 4 NEW BUSINESS 4.1 Public Hearing for Special Use Permit SUP 23-01 Jeramie and Melissa Olson 4.2 Review and approval of Vacant to Value: New Construction application for 2920 N 21st Street.V2VNC 23-01 5 ADJOURNMENT Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting date (OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request depending on the amount of notice received. In compliance with Wisconsin Open Meetings Law, this agenda was posted on 8/09/2023 at the following locations: Superior Government Center, Douglas County Courthouse, Superior Public Library, and online at https://www.ci.superior.wi.us/agendacenter. It was also emailed the Superior Telegram. PLAN COMMISSION AGENDA – 8/16/2023 Mtg (Meets monthly on 3RD Wednesday at 4:00pm.) Page 1 of 1 PLAN COMMISSION Minutes July 19, 2023 Regular Meeting The meeting was called to order by Chair Paine at 4:02 pm on July 19, 2023 in Government Center Room 270. 1 ROLL CALL PRESENT: Jim Paine, Brent Fennessey, Lindsey Graskey, Garner Moffat, Anne Porter, Brian Finstad joined at 4:17 VIRTUAL: ABSENT: Laura Gapske CITY STAFF PRESENT: Director Serck, Tech Becken OTHERS PRESENT: Shelly Nelson, Tracy Siers, Julie R Johnson, Linda Rind, Linda and Jay Kotera (online), Jenny Van Sickle (online) 2 APPROVAL OF MINUTES 2.1 Plan Commission Minutes from June 21, 2023 MOTION to approve June 21, 2023 Plan Commission minutes by Commissioner Fennessey, seconded by Commissioner Graskey, carried. 3 OLD BUSINESS 4 NEW BUSINESS 4.1 Superior & Home Landscape Grant Recommendations Technician Becken explained the grant process with 350 applications and using the Plan Commission’s direction for prioritizing (corner lots and corner lots on busy corridors). Becken shared the team of those who gave input on the applications including the landscaper and multiple City staff who work with housing and neighborhoods. Three of the applicants were present and available for questions and input. Commissioner Paine invited the commissioners to ask questions and invited the applicants to speak if they had anything to share. MOTION to approve all four applications by Commissioner Moffat, seconded by Commissioner Graskey. Discussion included Councilor Van Sickle online asking how the applicants heard about the program. Johnson shared she saw it in the stormwater communication from the City. Koteras shared a friend let them know and thought they might be a good fit because they were on a busy corner lot. Tracy Siers shared he thought his wife heard from a gardening group. Tracy Siers asked what sort of naming or notice they might expect so the community might be able to recognize the change in the yards—like a sign. Commissioner Paine noted signs might be appropriate and that he was excited to see before and after photos. Vote on the motion made by Commissioner Moffat and Graskey, carried. 4.2 Small Business Grant Update from Eddie’s Director Serck introduced Ben Anderson with Eddie’s, a recipient of the Small Business Grant 2022. The commission had already amended the original development agreement providing ½ of the grant award with ½ of the projects completed and receipts submitted, extended the project time to allow until the end PLAN COMMISSION MINUTES - 07/19/23 Mtg (Meets monthly on 3RD Wednesday of each month) Page 1 of 2 of 2023 to finish any projects and gave Eddie’s permission to swap out any remaining projects with something different, as they were facing unexpected water line issues. Ben Anderson of Eddie’s gave an update on Eddie’s as they are approaching 1 year of ownership, noting many projects and priorities had changed over the year as they faced running a busy business in a building requiring upkeep and unexpected challenges. Ben noted he submitted projects and receipts that were not on the original grant and asked for forgiveness for not following the agreement and requested the second half of the grant to be paid out. Technician Becken shared spreadsheets and lists of submitted receipts and Ben’s reported projects. Commissioner Moffat asked for details on what sort of things had come up and if they were appropriate for the small business grant. Ben shared that the water line issues led to significant urgent issues and replacements of things like a cooler and bar needs. Commissioner Porter asked about the original application and timeline. Eddie’s applied before it was under new ownership and the sale was partly contingent on receiving the Small Business Grant—but it made for choosing projects and amounts that were estimates. Commissioner Porter suggested amending the application and amending the development agreement, if Eddie’s can show that the projects that they have completed fit the criteria of the SBGP. Director Serck encouraged discretion when moving forward, as allowing payout retroactively, without the project being vetted/approved by the Plan Commission is a named disqualifier in the development agreement, but noted the purpose of the grant is to be helpful to small businesses. Commissioner Paine asked staff to put together an amendment to the development agreement based on information Eddie’s can provide on projects that would fit the Small Business Grant parameters to be available for review at the next Plan Commission meeting. He also asked Eddie’s to put together an explanation letter and to fill out a clear application that reflects the updated projects. This cannot be treated like a new application, as it is within 3 years of the original, but can be a tool for the Commissioners to review the information in a clear fashion. Commissioner Graskey asked how many small business grants had been awarded to restaurants/bars in the past. Technician Becken will have an answer at the next meeting but added that there were multiple in recent memory. Commissioner Fennessey noted the success of the small business grant program is partly in that it is relatively simple and does not take copious amounts of staff time. For the future, he wants to continue to think about making sure that any changes stay respectful to how much time can be dedicated to the program. 5 RECURRING BUSINESS 6 ADJOURNMENT Meeting adjourned at 4:37 Respectfully submitted by Stephanie Becken. PLAN COMMISSION MINUTES - 07/19/23 Mtg (Meets monthly on 3RD Wednesday of each month) Page 2 of 2 AMENDMENT II TO THE SMALL BUSINESS GRANT PROGRAM DEVELOMENT AGREEMENT BETWEEN CITY OF SUPERIOR, WISCONSIN AND EDDIE’S RESTAURANT INC DBA EDDIE’S RIBS This Amendment II made and entered into this ___ day of ________, 2023, by and between the CITY OF SUPERIOR, State of Wisconsin, Douglas County, a municipal corporation existing by and under the authority of the laws of the State of Wisconsin, hereinafter referred to as the GRANTOR and EDDIE’S RESTAURANT INC DBA EDDIE’S RIBS, a limited liability company, hereinafter referred to as the GRANTEE. The Parties desire to amend the Agreement as follows: Section 1.01 IMPROVEMENTS: The GRANTEE agrees to accept the substituted Projects and submitted paid receipts as seen in EXHIBIT A as viable expenses to satisfy the remaining uses budget associated with the original Development Agreement and Amendment I of the Development Agreement. All other terms and conditions of the Agreement shall remain in full force and effect. ATTEST: _______________________ Eddie’s Restaurant Inc CITY OF SUPERIOR: _________________________ Mayor Paine _________________________ Clerk Blunt EXHIBIT A Old Globe Wood Company (entry way improvements) $1,500 Budget Upholstery by Mark (booth improvements beyond the originally approved $2,000) $4,707 Belknap Plumbing & Heating (pipe work & installing equipment) $13,027 Refrigerator $1,792 Ice Machine $4,179 Ice Storage Bin $1,259 Total $26,464 *Per Amendment I, $25,373.54 was required to satisfy the second half of the reimbursement grant payment Date: July 21, 2023 Plan Commission Date: August 16, 2023 MEMORANDUM TO: Honorable Mayor Paine and Members of the Plan Commission FROM: Jason Serck, Economic Development, Planning & Port Director RE: Jeramie and Melissa Olson Special Use Permit Request NUMBER: SUP 23-01 INTRODUCTION - The Department of Planning and Development has received an application from Jeramie and Melissa Olson for a Special Use Permit to allow residential development at 1209 39th Ave E. BACKGROUND- The property is currently zoned M1 – Light Manufacturing District. The construction of a residence following requirements and uses allowable in R-4 is an allowable use with a Special Use Permit in accordance with Zoning Code Section 122-614(41). CONCLUSION - Please approve this Special Use Permit. WATT 1114 39TH AVE E 108100130900 DOUGLAS COUNTY VACANT 108100130800 CUHEL VACANT 108100554700 DOUGLAS COUNTY E VACANT AV 108100132200 TH 39 OLSON VACANT 108100131000 OLSON 3913 E 13TH ST 108100134700 DOUGLAS COUNTY VACANT 108100555300 SCHULTZ TRUST VACANT 108100555500 TILLIES HOLDINGS LLC 1301 39TH AVE E 108100561900 µ Olson Request Special Use Permit Residential in M1

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