Plan Commission - Regular Meeting

All right, it is five o'clock we will call the plan Commission meeting to order at this time

Thank you for those in attendance. We have all members present of the Plan Commission. So the first item on the agenda is approval of minutes from April 22nd. Is there a motion to approve?

Motion. Second.

Motion by Schley, second by Dietrich. Discussion? Seeing none, all those in favor? Aye. Opposed? Motion carried unanimously. Welcome to our newest member too, by the way, Brock, the new Parks and Recreation Director. We have three public hearings this evening. The first one is 26-0552, Lodal TLG Homes, City Initiated Street Vacation and Official Map Amendments, Deerbrook Lane, Kellner Street, and Homestead Road. Paul?

Okay, we'll start with the map. So the Planning Commission should be pretty familiar with this area. We've talked about it in the past. But the area in the blue crosshatch, that is an official map amendment. The area in the yellow is an official map and a street vacation, removal of street vacation. The street vacation and amendment to the official map are being initiated by the city. This vacation and official map amendment are related to the plan commission's recommendation at their October 22nd, 2025 meeting, supporting the plotting of Deerbrook subdivision, which is basically an extension of the area in yellow, just that that street is being relocated to increase the depth of the lots. There will be 16 lots in the subdivision. This will be phase one of the subdivision. This is just basically cleaning up the street pattern on that area. You might be wondering, like the east-west blue section that runs westward outside of the city through Vinton's, Vinton Construction's property, that is a separate process. I did reach out to Rich Lamers. So when they petition, we'll go through that process. But I wanted to keep the two processes separate. So it's really pretty straightforward. It's following the concept plan. It's following the preliminary plat, which we'll be talking later on in the agenda. We did send out notices to properties affected, and we did not receive any comments, calls, or anything regarding the street vacation and or official map amendment.

Thank you, Paul. Are there any questions for Paul from the plan commission at this time? Seeing none, then this is a public hearing for this specific subject matter. If there's anyone interested in speaking on this specific subject matter, you may do so at this time. You'll have five minutes to speak on this subject matter, going once, twice. We'll close this public hearing. We'll bring it to the Planning Commission for the recommendation, which is to approve. Motion by Dietrich. Second. Second by Horning. Discussion? Seeing none, all those in favor? Aye. Opposed? Motion carried unanimously. The next public hearing is 26-0553. Vogel, request to rezone from R1 residential agriculture to R4 single and two family for property located at 3215 Packer Lane. Paul.

Okay. The wizard behind the curtain?

I am.

We have new technology, so we're figuring it out. So on the map, the area in yellow crosshatch would be the area of the rezoning. A vast majority of it is owned by the Vogels. There is a little, there are two parcels off of Packer Lane that have split zoning. The north part is R4, the south part is R1, so we're going to clean that up too with the zoning. So again, this request is from Jeff and Julie Vogel. Their plan is the area, they own the area in R1, the cross hatch yellow, plus a vast majority of the area in the green. The green is P1 Conservancy. So the plan would be the R1 portion, and part of the P1 is to split it, create a second lot, and then a second house would be constructed there. The reason for the rezoning is because in the R1 zoning district, it requires a 20-foot side yard setback. And with the wetlands that are in that property, it makes the lots pretty constricting. So by rezoning it to R4, which is consistent with the other neighbors, in the area, other properties in the area. R4 requires a six foot side yard setback. So really it's a setback rationale for the rezoning. We did send out notices to property owners within 200 feet, did not receive any calls or comments regarding the rezone.

And that concludes my comments. Thank you, Paul. Any questions for Paul from the plan commission? Dan.

Can you just explain that you're going to clean up the back parcels? Do those go all the way into that R1 area?

So it would be, I can't see it. It would be, there's two parcels. Is that you working on the pointer, Jen? I wish I had a pointer.

Is it lot three and four?

Yeah, lot three and four. They're deep lots. Yep, right there. You can see there's split zoning. So the north half is already R4. It's just the south half of the same lot is zoned R1. Got it. So that's what I meant by cleaning it up. Okay. Thank you.

Thank you. Any other questions from the plan commission? Seeing none, this is a public hearing for this specific subject matter. Is there anyone interested in speaking on this specific subject matter? Once, twice. We will close this public hearing and the recommendation to the commission is to approve the change in zoning from R1 residential agricultural to R4 single and two-family residential as depicted on the map. Is there a motion to that effect? So moved. Horning, seconded by Jageman. Discussion? Seeing none, all those in favor? Aye. Opposed? Motion carried unanimously. Next and final public hearing is 26-0554, TJ Potter Trucking Request for Conditional Use Permit for the Establishment of a Storage in Bulk or Transloading Activities Area for Property Located at the Northeast Corner of South 39th and V-Bahn Streets.

Paul, again, on the map, on the screen, the area in yellow crosshatch is the subject property north of Ebon, just east of the newly constructed or relatively newly constructed FedEx facility. It's roughly 37 acres, if I remember right. So again, the request is from Todd Potter. He's the owner of TJ Potter Trucking Inc. He's under contract with the Mantua Company to purchase actually a 32.31 acre vacant property located at the northeast corner of Ebon and 39th Street. Potter Trucking is proposing to construct a crushed stone and gravel laydown and storage area to store, transload, and transport machinery from the location. Potter Trucking envisions constructing a building at the site in the future as operations grow. Potter Trucking transloads and hauls large machinery, which is manufactured in Manitowoc, in addition to other businesses in the region. And I forgot to mention, the coloring on the map, so Basically, everything in that yellow, then underneath it, it's kind of a light bluish color. In that light blue color, that is all I-1 light industrial. North of that, the purple color, that's C-1 commercial. To the east, the orange area is our four single and two-family residential. And to the south, you have some to the west, it's the town of Newton. And then east of that, you have the kind of the orange colors. The R6 is multifamily and R4 is single and two family. So that's kind of the overlay. That area was annexed back in 1979 as part of a larger annexation in that general area. And it's been zoned I-1 since 1979. Potter Trucking is working with heirs and associates on a concept and site plan for the lay down area. And in addition, construction documents for the connection of South 39th Street to V-Bahn. If you remember, 39th Street stops maybe 75 feet short of V-Bahn. And just as a side note, that was actually a request by FedEx. They did not want that connection through. The concept plan shows two access drives off of South 39th Street, two stormwater treatment areas. Jen, if you don't mind, could you just click down to a different map? There we go, this one. So this would be the concept plan for the area. So the concept plan, again, shows two access drives off of South 39th Street, two stormwater treatment areas, a berm along the east property adjacent to the residences, and it also shows mapped wetlands that are in the area. A site plan and landscaping plan and stormwater management plan would come in the future if the conditional use permit is approved. The site plan, landscaping plan, and stormwater plan are all staff review, so it's a separate approval process from the conditional use permit. Properties identified in the comprehensive plans future land use map is industrial. Even though the state statutes don't require conditional use permits to be consistent with the future land use map, the proposal would be if that was actually a requirement in the statute. Conditional use permits are governed under 15.334B of our code. Actually, excuse me, it would be governed by 15.370, parent 27 of the municipal code. And it states, in acting upon any application for conditional use, the plan commission and council shall consider whether the requested use One is reasonably necessary for the convenience and welfare of the public. Two is in harmony with the character of the surrounding area. And three will have a minimal or no effect on surrounding property values. That's in our municipal code. Then, like we've talked at other conditional use permits, the statutes have changed relatively recently. And I'll just kind of catch a couple of the highlights there. So again, this is from the state statutes. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the city ordinance or those imposed by the city zoning board, the city shall grant the conditional use permit. Any condition imposed must be related to the purpose of the ordinance and be based on substantial evidence. Second, so B, the requirements and conditions described under subsection 2A, which I just read, must be reasonable and to the extent practicable, measurable, and may include conditions such as the permit's duration, transfer, or renewal. So those are kind of just some of the major highlights I know we've talked about with the commission before. We did send out notices to property owners within 200 feet, and I did receive a call and a visit from Dean Schneider, and he's actually in the audience. But basically, he had some questions for me. I'm not sure if he's gonna come up and speak, but he had just questions on the project itself. I guess didn't voice to me opposition or favor one way or the other. About two hours ago, I did receive an anonymous email from somebody that lives on South 35th Street, they said, and they're concerned with trucks and the storage yard in the neighborhood, and their fear is that the house values would decrease. And with that, I conclude my comments. Thank you.

Are there any questions for Paul from the Plan Commission?

Dan? Just... Inquisitive about that south 75-foot road, have we had a conversation with FedEx?

No, but when we had early on discussions with FedEx when they had the site plan, we did tell them we want that street to go through eventually, but at the time of their proposal, it was kind of an understanding that we would not force them to put it in. So they're not going to be upset.

Okay, and I'll wait for my other comments until a review of the conditions.

Thank you. Any other questions for Paul at this time? Seeing none then, this is a public hearing for this specific subject matter. If there's anyone interested in speaking, you may do so at this time. You have five minutes to speak. Just come on up to the podium here and just please state your name and address for the record.

My name is Julie Place. I live at 2413 South 35th Street. I'm neutral on this right now, but I do have questions. What will actually be stored or transloaded there? You say machinery. I'm assuming it's something like Robinson has, the big tractor trailers and generators or what? Yes, exactly.

we can't answer and respond sorry we can we can take your questions for public comment but unfortunately we since we can't hear you or anything so for the record so but we will take your questions and if there's a representative here we'll bring them up afterward okay and then you know i know they're they anticipate building a storage building of some sort i guess i'm wondering um if this would include silos or or other big bins or

containers that would store various materials. I also did some reading about the company, and I know that they have a sister company that hauls nuclear waste in low radiation. I'm wondering if this sister company would be able to use this at all ever in the future, because that would be a concern. I'll be forthright. And has anyone thought about what this would do for traffic on V-Bahn and Dewey? Right now we have sometimes challenging traffic patterns, especially on Dewey. And if you walk V-Bahn with semis and things, it gets sort of hairy at times, especially if you're walking a dog. So crossing Dewey at 35th... 35th Street is challenging as well. I know I walk frequently, and I will wait for cars to pass before I step foot on that street and sit my dog. It is a dangerous intersection that has absolutely just a pedestrian thing, which people don't stop for, to be honest. So those are my questions.

Thank you. Anyone else interested in speaking for public comment on this subject matter?

Yep.

Just please state your name and address for the record, please.

Doug Schreiber, 2406 South 35th Street.

My concern is where that berm is along the backside here, if that's going to be taken care of.

like the weeds and stuff, because the berm around FedEx, the weeds are like six feet high. If that was going to be landscaped and mowed and stuff like that, so now we're looking at an eyesore from our backyard at all times. And another concern is the dust. I know they're putting down a certain base and a certain granite, but there's also dust that works their way through crushed concrete through a three-quarter base on top of it, no matter if it's granite or just regular stone. That's my concerns.

Thank you. Anyone else interested in speaking for public comment? Yes. State your name and address for the record, please.

Hank Bauman, 2440 South 35th. These are more questions that you can place to Potter Trucking. Length of the berm, height of the berm, will it have a fence on top or not? As far as security goes, will they have security on site? Location of the building, that proposed storage building, On the site plan, I'd really like to know where the building's going to be and how large it's going to be. Lighting. Those of you that live nearby know that FedEx is kind of an annoyance with all the lighting, so we'd be very interested to know how they're gonna arrange the lighting there. And of course, hours of operation. Weekends, 24 hours a day, 10 hours a day, whatever. So those are our questions, thank you.

Thank you. Anyone else interested for public comment? Going once, twice. I'll close this public hearing and we will bring it back. Paul, why don't you go through the points in the conditional use permit for the requirements?

Okay, I'll hit the highlights or hopefully answer a lot of the questions. Yeah. Well, if nothing happens, again, I will paraphrase the cup, the conditions. If nothing happens, conditional use permit shall automatically terminate July 1 of 2027. So basically, if Potter doesn't do anything on the site, the cup just is not going to go on for perpetuity. It's kind of a general statement. They have to follow all federal state rules and laws. That one's a common condition we have. The potter trucking cannot transfer or assign the condition use permit to anybody else. If they would want to, say they sell, the new entity would have to come into the plan commission and council to have the condition use permit assigned over.

Does that, so just the one question that was asked about the

sister company or whatever so this is directly for potter trucking specific yes we have it the conditions permit assigned to tj potter trucking inc so if there's a different company but under the same umbrella that would not it would have to be potter trucking um i guess i would defer to our city attorney but i would say yes that the intent is for what do you think city attorney Okay, just curious. Don't do that. They don't know. The couple will be reviewed at the January 2028 plan commission meeting. So that'll be an annual review. I'll just read this one. All products, machinery, and other bulk items shall be stored in a neat and orderly condition on the site. No unregistered or unlicensed vehicles are allowed to be stored on the site. Basically, dumpsters and garbage enclosures shall be site obscured behind a fence, decorative wall, or landscaping to the approval of the Community Development Department. Dust palliatives, that was a question. Actually, our ordinance, our city ordinance, addresses dust palliatives, but we also restated it in the Conditional Use Permit. Dust palliatives must be applied to the entire gravel area at least twice per calendar year plus additional applications if required by the zoning administrator. That's very similar to, again, I'm going old school, like Weyerhaeuser on 18th and Dewey, they have that gravel parking lot. They have to apply dust palliatives, and if there's an issue, our zoning administrator reaches out to them, and they have to address it. Potter Trucking must submit a landscaping plan for review and approval by the Community Development Department. The landscaping must be fully installed before any transloading or storage operations begin on site. The company is responsible for ongoing landscape maintenance, which includes replacing any dead, dying, or diseased vegetation with healthy plants and trees. This next one kind of addresses the berm height. The city must review and approve the berm height and location before any site work begins. The berm must be installed prior to any transloading and storage occurs on the site. The design must allow for easy mowing and regular upkeep of the vegetation. And I kind of know what you're talking about on the FedEx site. FedEx, again, did not need a conditional use permit. They were just permitted. So FedEx does not have a conditional use permit. They didn't need one. But yeah, that's definitely something in my mind is making sure you can maintain the berm in cutting it. Potter trucking shall minimize the idling of trucks and machinery during periods of inactivity. Any mud or dirt tracked onto any adjacent streets must be cleaned or swept immediately or upon the request by the city engineering department. Tracking pads must be installed to the approval of the city. Barbed wire and razor wire fencing are strictly prohibited. And then this one also is in our zoning code anyways. addressing the light they must follow the outdoor lighting requirements in the municipal code they'd have to follow that anyways but again i just restated it so it's a reminder that the light leakage is yes concern so that would be the conditions that we have right now are there any questions from the commission dan

First of all, would you be open to saying in condition A where it says outlined herein and Potter Trucking has acquired the subject property? Because right now there's nothing in here that binds the property to the owner. So if they don't own the property, they shouldn't get the permit.

Yeah, we can add that. I think the title might capture that thought, but we can definitely restate it

And then just a question, did you intend under C to have written approval of the Plan Commission or the Common Council?

I know in the past we've kind of gone both ways. Both ways. That's why I'm asking the question. Yeah, I'd leave it up to this entity if we want Plan Commission to control it. In our future zoning code, it's going to be Plan Commission. Then we should.

I just wanted to verify. And then would you be open to the CUP be reviewed annually beginning with? January 2028. Oh yeah. And then this whole thing about landscaping. Sounds like you're looking at grass. Something that would need to be mowed. Weekly or whenever.

We haven't had a landscaping plan presented. Our landscaping code is pretty archaic. So that's why I kind of left that staff review. Again, plan commission could reserve the right if they'd want to see it also. So I guess in my mind, I was thinking, again, just the way I was thinking when I wrote it, was that it would be a grass berm. And that's why I kind of mentioned it has to be, you don't want it so steep that you can't cut the grass on it. So at least that was my thought, if there's any suggestions.

Yeah, I'm in agreement, just trying to put some teeth into that.

Okay.

And I don't know how to do it. And then you say all of that landscaping has to be done before they start operations. Is that realistic?

I guess based on, it might not be, based on timing, if we go into the winter season. Again, that... The landscaping portion would be tied to the site plan, which would be staff review. So what we've done for site plans, like when we come into the buildings, this might not be the exact apples to apples, but in a site plan, a building might be done, they might be selling their hamburgers. Well, that might be going into fall. They obviously can't do their landscaping then. So what we do in those cases, we issue a temporary occupancy permit, and then we wait till spring, then we make sure the landscaping is done. This is a little weird one because gravel parking storage lay down areas don't require an occupancy permit because it's not a building there yet. So it was kind of a tough one. So that's why I said community development staff to kind of, because building inspection wouldn't enforce anything that's not a building.

If that made any sense. So you're comfortable with this? yeah yeah we've done this with other other sites and um and then i see you say barbed wire and razor are strictly prohibited you know in case in the future of the police department and the potter think that it'd be better to have higher security would that be How would that happen? Then they would come back, ask for an amendment. I'm just wondering if a little different language. Fencing may be installed in the site according to the municipal code. The installation of the barbed wire or razor wire fencing shall require prior written approval from the chief of police or designee before installation. Should that accomplish the same thing and then they just go to the police?

Yeah, we can add that.

That's all I had. Any other questions?

Did we answer all the questions from public input, basically? I just see we're writing them down. Just make sure we.

What will be stored? I guess that I would throw back to the applicant. Because all the information I have is what was in the application. There's the nuclear waste question, which kind of ties back to what will be stored there. Buildings, silos, big bins. On that one, if there wasn't a conditional use permit and a entity wanted to come in and say, I want to build a building and that's permitted, that zoning code or that zoning district allows up to a 100-foot building.

So just like FedEx?

like FedEx, Brees Malting, Cary, in that zoning district, anybody could come in right now and build a 100-foot-high building. So traffic. I know one of the, I don't know, maybe Dan wants to address it a little bit from the engineering point of view. We encourage them to do the driveways off of 39th? 39th Street. versus right out directly onto V-Bahn. Because if there's turning, at least you'd have the turning lanes kind of on a less traveled road. 35th and Dewey intersection. I don't think these vehicles coming out of here would be going in that direction. I don't know. If they are hauling for Robinson, I'm suspecting they're going to go down 35th Street, down to V-Bahn and in. I would suspect they probably want to stay off Dewey just because of the traffic that is on Dewey. That would just be my thought.

I think that's... Do we control that section of V-Bahn? That city? Okay. Rated for truck traffic?

Yeah, and yeah, it's constructed to handle that. Sorry. It's constructed to handle that, and what Paul said was 100% right. We wouldn't want the driveways up there because that reduces the pinch points, for lack of a better term, up there, so yeah.

And 35th is wider, too. They have the wide shoulders. Yep, yep. But again, I don't know the exact route, but I think that was all the questions that came up that I had written down.

Okay. Okay. Any other questions from the plan commission at this time? Let's go to a recommendation then. This will be a recommendation with all these. It's a recommendation to the Common Council and it'll go to their meeting on July 20th at 6.30 in this room. So all these items will go to the Common Council at that meeting. So there's another public hearing at that meeting as well. Is it 22nd or 20th? 20th. What did I say? 20th.

20th, oh, I get the wrong. Yep, Monday the 20th.

20th. 6.30 in this room. So the recommendation is to approve the issuance of the conditional use permit as outlined by Paul. If there wants to be any changes, I would recommend Dan make that motion. I'll make it with the changes that I recommend.

And then client commission fine, I reach out to Dan and get the details so we can get that in writing.

Right. We will have that as a clean document then on the council agenda as well. Is there a second? Second. Motion and a second by Steinbrenner. Discussion? Seeing none, all those in favor? Aye. Opposed? Motion carried unanimously. Again, that'll go to the July 20th council meeting at 630 here in this room. Again, there'll be another public hearing opportunity for the public to speak at that meeting as well.

No, I bet they're here. You just want to point out? Mr. Potter is...

The applicant is here. If you are willing to stay and answer maybe questions that some folks may have. So if folks do have questions for the applicant, he is here. So you can ask him in person. Or, again, you can come to the Common Council meeting on the 20th. Okay? Okay. 30th I meant 30th 30th the one right past by Robinson yeah yeah no I got my streets goofed up and 30th is being redone this year as well too so it would be even yeah that would be the truck route would be 30th by Robinson so again the applicants here if you do have questions otherwise 20th this will come up again in front of the common council all right that concludes our public hearings we'll move to old business chapter 15 zoning code rewrite

we're plugging along I'm suspecting we're getting to the point of where we had the original drafts we sent comments back the comments were returned to us we had a couple more tweaks so I'm suspecting you'll see a full document maybe in a month or two so at that time then plan is to give give you all a Three weeks to review, four weeks, I guess. Depends on how fast you guys read. So we're getting there.

Will this be done before Miro? It's kind of on the same timeline.

It's taking time, yes.

Thank you. Any questions for Paul? New business. We have just a couple of items. Lowell TLG Home Subdivision. We just talked about this. The preliminary plat. The motion is to recommend approval.

So moved.

Motion by Dietrich. Second. Second by Wettenkamp. He raised his hand.

Discussion?

Seeing none. All those in favor? Aye. Opposed? Motion carried unanimously. We have the review of in rem properties in the city of Manitowoc. do this once a year, the foreclosed properties?

Yeah, and that one real quick. I know we internally, we met with parks, engineering, and public works. The one building, well, I mentioned in my report, in a perfect world, it would be nice to see something redeveloped there. I believe the mayor brought it up at their MLC group, and at this time, I think everybody agrees, yes, it needs a higher and better use, but it might not be Something we want to tackle right now. We've taken over too many buildings lately.

Take a break. But, I mean, yeah, I agree. If we were to consider one, that would be the one with the highest and best use for the city for long term. Nobody really had the fortitude to tackle that at this point.

Might save yourself some construction money. Yeah. That'd be a great lay down area. Well, we did. Reconstruction of Calumet.

Oh, that way, yeah. We did look at it, too, for city purposes for storage because we're DPW shop over on V-Bahn and possibly transit long term. So we did consider several different ideas. That one I guess we didn't think of, but nothing came to top priority for us to go after it. And we don't know where the money would come from. The dollar was easy for Madison School. Took that out of Steinbrenner's first dollar we ever made. So any questions? Otherwise, the motion is just to place on file. So moved. Motion by Dietrich to place on file. Second by Jagerman. Discussion? Seeing none, all those in favor? Aye. Opposed? Motion carried unanimously. Konecki, quick claim deeds for Virginia Drive and Joseph Road.

This ties into the official map amendment we had. month or two ago. So basically, kind of as a condition of the official map amendment, we'd like to have cul-de-sacs so emergency services and plows can actually turn around. So these are just the quick claim deeds.

Motion by Horning, second by Dietrich. Discussion? Seeing none, all those in favor? Aye. Opposed? Motion carried unanimously. And last but certainly not least, and the reason we got a camera on us tonight, Ticor Built LLC review of the final plat for Mariner Lux subdivision.

Yes, so this would be the former Yonkers Mall site. So this would be the parcel north of Magnolia. It's 42 lots, single family subdivision. We've seen this. It follows the concept plan. The review comments... We compiled them all and there are no issues. They've been working with all the utilities from day one and city engineering. So it's going forward.

It's the last action we need to take. Any discussion? It's a record breaker, right?

Motion to approve the final plot as presented.

Motion by Dietrich, second by Schley. Discussion? Seeing none, all those in favor? Aye. Opposed? Motion carried unanimously. Nothing under miscellaneous. Nothing really for Mantua County activities. Any questions on the site plans? All right. Our next meeting is scheduled for the end of the month since we moved this one back. So the next one is scheduled for the... I think 22nd. 22nd, correct. Wednesday the 22nd.

So as of right now. We don't have any items right now.

Does it still work though for everyone in case we do have something pop up? Otherwise. Probably gone. It'll be, yeah.

Going back to six o'clock.

That one would be six. It's scheduled for six o'clock right now, yeah.

22nd you said?

That's the 22nd, yeah. Again, we don't have anything right now. So the week before we would make the decision. But as long as we've got a quorum, we're just going to keep it just in case something pops up. Because, you know, we are a mover and shaker city. We've got things happening. All right. That is it. I'd look for a motion to adjourn. So moved. Apply.

Second.

Dietrich, we're adjourned. Thank you, everybody.