MINUTES OF THE
OAK CREEK
TUESDAY, FEBRUARY 11, 2003
Mayor Richards called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Rottel, Commissioner Dickmann, Commissioner Siira, Commissioner Jackson, Mayor Richards, Commissioner Foeckler, and Commissioner Buchholz. Commissioners Siepert and Kopplin were excused. Doug Seymour, Director of Community Development was also present.
Commissioner Siira motioned to approve the minutes of the regular meeting of January 28, 2003. Commissioner Rottel second. All voted aye. Minutes were approved.
Mr. Seymour updated the Commissioners on the actions that were taken at the February 4, 2003, Common Council meeting.
No questions or comments on the Common Council actions.
10101 S. Howell
Avenue
Tax Key No:
924-9006
Mr. Seymour explained to the Commission that Opus North Corporation was requesting Plan Commission approval of site, building and landscaping plans for the first phase of the Oakwood Crossings development at 10101 S. Howell Avenue. The property is zoned M-1, Manufacturing.
Staff (Engineering Department) expressed concern regarding the current design and condition of West Oakwood Road adjacent to the development as well as its intersection with South Howell Avenue. The Engineering Department also indicated that a sanitary sewer connection agreement would need to be approved by the Water and Sewer Commission in addition to the Common Council. A development agreement would also be required for public water within the future street running north from Oakwood Road.
Mr. Seymour expressed concern for the lack of windows, material or color changes and/or articulation of modulation on the Howell Avenue elevation. He also stated his concern for the loading dock area and its visual impact on the neighborhood.
Mr. Scott Espeseth, Director of Development, Opus North Corporation presented a brief power point presentation on The Opus North Corporation and their vision for the property at 10101 S. Howell Avenue. He explained that the Oakwood Crossings Business Park would be done in two phases. The first phase would be located at the corner of Oakwood and Howell Avenue and would include one 140,000 square foot building. He explained how they would try to save as many trees as possible but because of wetlands and other restrictions a large area of the trees would be removed. From their meetings with residents they found that they would like a warm color scheme such as tans and beiges rather than the whites and the grays on the buildings.
Commissioner Siira had a policy question regarding landscaping and who would approve them the Director of Community Development or the Plan Commission.
Mr. Seymour stated that if the Commission felt there was an issue with respect to landscaping it could be brought before the Commission. The reason that it is not done as frequently at this point was because the landscaping requirements in the past were very subjective and now it has been tied down more with exactly how many trees and the sizes that are required. At this point it is something that can be done at staff level and can be gone over more closely at staff level than before the Commission. If there is a concern that the Commission has that is not in Section 17.1010 regarding landscaping it would be preferable to be done at staff level.
Commissioner Siira stated that his concern with this particular project was the long expanses of blank wall that would probably be broken up with landscaping. It was his feeling that in this particular case the landscaping is related to the building design in that regard.
Mr. Espeseth showed a sample of the color scheme for the building and explained how each color change would be applied to break up the building. He also explained were the plantings would go to further break up the wall.
Commissioner Siira asked for clarification on the limitation for uninterrupted facades with no articulation. He stated that the areas between the entrances do not abide by that but if substantial landscaping was to be put in then perhaps the Plan Commission could except that.
Commissioner Dickmann had questions regarding the types of plantings that would be put in that area. He also wanted to know the total height of the building.
Mr. Espeseth explained the types and sizes of trees that would be put in along the building. He also stated that the height of the building would be approximately 29 feet high. He stated that about 10 – 15 % of the building would be office so the HVAC units would be about the size of a residential unit.
Mayor Richards wanted to know how the view from southbound on Howell Avenue would be screened so that you would not see the truck docks.
Mr. Espeseth stated that the most effective way to screen the loading area from Howell Avenue would be to add additional building space and that there was an additional building in the second phase that would hide that area. He showed were the berms would be on the site to help conceal the truck docks.
Mayor Richards stated that he felt that would not be enough and that he would like to see some of the trees from the site replaced along the east side of the site.
Mr. Espeseth stated that some temporary screening of the dock areas would done. The large existing trees on the east side of the site would be preserved until the second phase buildings were started.
Mayor Richards stated that the north side of the building would be exposed from Howell Avenue.
Mr. Espeseth stated that the tree line would be maintained and berms and trees would be added along Howell Avenue.
Mr. Seymour stated that the Mayors concerns were valid and that what was being done would not be enough to screen it on a temporary basis or on a permanent basis. If you do have permanent green space that you are showing it should be landscaped.
Mr. Espeseth stated that they would be happy to put plantings along the north side of the building but it was a drainage area.
Mr. Seymour stated that he would like to investigate that possibility and would urge that not being designated as future loading docks but that the center island be landscaped as well.
Mayor Richards stated that he viewed to big of a vision triangle along Howell Avenue for about a half-mile where you are only looking at truck docks. If the truck docks could be tucked back further off of Howell Avenue that would be fine.
Mr. Espeseth stated that they are tucked back 200 feet at this time. He proposed to make the berms no less than four feet in height and no greater than six feet in height.
Mr. Seymour asked what was the height of the berms versus the floor elevation of the building.
Mr. Espeseth showed the Commission where the lowest part of the site would be. The highest part of the site would be by Lisa Drive.
Mr. Ed Wessley stated that the building finished floor would sit at 723.50 and the intersection at Howell and Oakwood was at about 715. If you approach Lisa Drive from the north on Howell it goes up to about 717 and you have a rise of about 3 feet.
Mayor Richards stated that that made the building extremely visible.
Mr. Espeseth stated that it would be a nice looking building and they want it to be visible.
Mayor Richards stated that his only concern was that he did not want to be looking at the truck docks.
Mr. Espeseth agreed that he would not want to look at the truck docks either. He also stated that he would be willing to commit to a 4 – 6 foot berm and some additional landscaping.
Mr. Tom Kenny, Vice President of Construction for Opus North, stated that the first thing that should be done would be an effective line of site diagram and study it with staff. An understanding of the line of site from the vehicles to the building needs to be done to clarify what would be seen as you pass the building. He also stated that they have no opposition to planting some trees on the site. This building is the cornerstone of this development and will sell this whole development and Opus would like the Howell Avenue presentation done right.
Mr. Espeseth pointed out that a number of shade trees were added to the front along the Howell Avenue line of the building. The ornamental trees would be more towards the building itself. He stated that he understood the Commissions concerns about driving bye and seeing those docks.
Commissioner Siira stated that there is an excerpt from the architectural guidelines that has to do with the design of facades in excess of 100 feet. Related to the landscape comments made earlier and the elevations without any landscaping shown you notice 200-foot long uninterrupted facades. He does not feel that a six-foot high planting would even surpassed the base color of the building. He would like to see a visual representation of how tall the plantings would be would a great help to see what the landscaping was going to contribute to the design of the building.
Mr. Espeseth stated that a line of site analysis for the front façade and the northeast corner of the building and the southeast corner would be put together for the Commission. He stated that this would be what is considered a class A investment grade building design.
Mr. Seymour wanted to know what would be done outside of landscaping that could be done to the east elevation architecturally to make it a cornerstone property of the business center.
Mr. Espeseth stated that they could add some sort of bump up on the precast panels to provide some architectural feature to the side of the building. We will come back before the Commission with a plan that balances out the wall with some bump up features and some color changes that bump up the color as well.
Commissioner Dickmann wanted to know how the bump up could tie into the main face of the building.
Mr. Espeseth stated that he was sure the architects would make it flow into the rest of the building.
Commissioner Siira wanted to know if there could possible be some building mounted signage in the future.
Mr. Espeseth stated that yes it could be a possibility after the Plan Commissions approval.
Commissioner Siira stated that a tastefully done sign could contribute to the look of the elevation if it was done right.
Mayor Richards wanted to know what was being done about utility hook-ups.
Assistant Fire Chief Tom Rosandich wanted to know if when the landscaping was being done was the Fire Department connection being considered as a normal thing to cover up or would it be exposed.
Mr. Ed Wessley, Civil Engineer for Opus North, stated that the Fire Department connection would be between two plantings and should be accessible if needed. He also stated that there was an existing 16 inch main for the future water tower and proposed to develop all utilities and pavement in the driveway to the water tower to City street standards with the idea of a future dedication. He explained where the fire hydrants would be potentially located and connected with Accutec. He also explained that plans would be firmed up with the future development of the park and complete the system between Oakwood and Howell Avenue.
The sanitary sewer comes up Oakwood Road at this point and ends near the cemetery. They would like to extend the lateral to the building and install a grinder pump to serve the building temporarily. For the development of the entire park, MMSD is proposing a new sewer to come up from Ryan Road to Oakwood Road on the west side of the track and they would request a sewer connection underneath the railroad track and have sanitary sewer run through an easement along the north property line.
Mayor Richards stated that he has a major concern with traffic coming out onto Oakwood Road. He stated that he would like to see the road that goes into the park from Oakwood Road be a cul de sac only to prevent traffic from the park going onto Oakwood Road.
Mr. Seymour suggested that you design the access road from Oakwood Road in such a fashion that it would not accommodate large trucks.
Mayor Richards suggested a sign for no right turns coming out onto Oakwood Road be installed at that point.
Mr. Seymour stated that whatever happens here with respect to the first phase of this site the existing situation on Oakwood Road will not safely accommodate the type and number of vehicles that this type of development would bring. Any development, even the first phase of this site, needs to at a minimum include improvements to Oakwood Road in terms of design and capacity as well as the signalization of Oakwood and Howell.
Mr. Espeseth stated that Opus is in favor of and will pay their fair share of the improvements that need to be done. He also stated that they would put pressure on the DOT to have the intersection signalized. Also, Opus is in agreement with respects to limiting semi truck traffic taking a right hand turn out of the park onto Oakwood Road west. The turn has been designed to make it extremely difficult for them to do that.
Mayor Richards wanted to know how this issue could be made part of the terms and conditions of the approval.
Mr. Seymour stated that in no uncertain terms that staff will not advocate the issuance of any building permit for phase one before the City has a concrete assurance that the improvements to Oakwood Road and its intersection with Howell Avenue will be made. With respect to how we assure that this is done is one of the conditions of the approval calls for a development agreement to be entered into between the City and the property owners to identify the required public facilities improvements which does include roadway prior to the issuance of building permits.
Mr. Espeseth stated that they are willing to pay their fair share for improvements but disagrees with the position being taken. Unless there are financial vehicles that can be taken advantage of by Opus they have a zoned site and a building that is of use on this site and Opus needs to move forward on this project. They are willing to work with the City in pursuing the end result.
Mayor Richards stated that he was not concerned that the improvements be made before the building goes up but rather that there be a reasonable time frame that the improvements be implemented.
Mr. Seymour stated that the City would not jeopardize the safety of everyone who uses that intersection while we are trying to figure out a problem. Yes, you have a zoned site but it is the City’s responsibility to preserve the safety of the roadway system and the City needs to stick to that issue.
Mr. Espeseth stated that he was before the Commission several months earlier with a CSM and had to put it on hold to move this project along. The issue with respects to what we are talking about will be quickly revisited when we move forward with Council approval of the CSM because that is when Trans 233 issues kick in.
Dick Bolender, Alderman 4th District, 3715 E. Ryan Road, inquired as to how much of the woods west of the development would be taken out. The people in the residential area west of the first phase would be effect by noise. He wanted to know what type of buffer would be between the residents to the west and the trucking terminal.
Mr. Seymour explained that there would be approximately 400 feet of wooded area between Opus’ property line and the residents along Oakwood Road.
Mayor Richards asked if Opus had an occupant in mind for this building at this time.
Mr. Espeseth stated that no they did not have anyone waiting at this time. Because the building was not currently available they lost two deals to Racine one of them being Yamaha. As far as the issue with the trees Opus is currently talking with the Utility Department to snake a driveway through the tree line in order to preserve more trees because they are great marketing tools.
Mayor Richards wanted to know if they did not have someone in the wings for this building why did the trees have to go at all.
Commissioner Siira stated that from his recollection at the earlier meeting regarding the CSM it had to do with the distance that the road had to be from Howell Avenue.
Mr. Espeseth stated that the requirement was to have a road at least 1,000 feet from a major intersection to an entrance.
Commissioner Siira wanted to know if there was a variance procedure that could be done to help with that situation.
Mr. Espeseth stated that they were already at 998 feet at this point.
Mr. Wesley stated that you needed at least that much room to be able to signal and make the turn in a safe manor.
Mr. Espeseth stated that when the trees were taken out all that would be left is a driveway that leads up to the water tower site. Opus has met with a representative of the Oakwood Rest Cemetery and has discussed the amount of plantings that would be put in to buffer the cemetery. The eastern edge of the current stand of trees is 270 feet east of the west property line. This is going to be an industrial large big box building. Where trees can be preserved every action will be taken to do that.
Don Schantzen, 9210 S. 8th Avenue, stated that he attended the community hearings held by Opus and want to say that the officials from the cemetery thought the buffer zone from the current trees and underbrush would be adequate to give the cemetery privacy in the event of a funeral. He added that from all of the material that he has seen his personal opinion was that this could be a stepping-stone to blow the doors off of Franklin’s industrial park and could put Oak Creek on the map. He also believes this is one of the best presentations before the Plan Commission in over two years.
Commissioner Buchholz stated that he also attended one of the neighborhood meetings and the neighbors were impressed that Opus worked with them to add landscaping to screen the development to the east. The people on Oakwood Road were acceptable with what was proposed between the cemetery and the development.
Mayor Richards recommended that the landscaping plan come back to the Plan Commission after vision triangles were made on the area.
Commissioner Dickmann wanted to see drawings on the proposed raised section on the east side of the building to see how they would tie into the entire building.
Mr. Espeseth stated that they would put together the whole package with the five to seven year landscaping added.
Mayor Richards stated that they could approve the plan review and have the landscaping come back at a later date.
Commissioner Dickmann stated that he would like to see the building come back with the landscaping.
Mayor Richards stated that the entire plan should be held over to the next meeting.
Mr. Seymour stated that the basic elements of the site and the location of the building are not at issue and the Commission could approve them as separate issues. The site plan would not change with the building façade and the number of trees on the site. If the Commission was comfortable with the design of the site it would allow them a two week period of time in which to begin a development agreement and other plans. If there are no objections then the Commission could let them make some progress by letting them move forward with a limited site plan approval.
Commissioner Dickmann stated that he had a concern with the amount of trees between the cemetery and the residential area.
Commissioner Siira stated that he liked 99% of the development but was troubled by the entrance area by the hickory trees; at this point it is still an issue.
Mr. Seymour stated that the Commission should provide some sort of direction in order to modify those areas. By holding it over for landscaping and architectural does not really address some of the core problems that the Commission is dealing with. If there are core issues that need to be addressed we need to communicate that to Opus, without indicating to Opus what needs to be done is just a waste of time.
Mr. Espeseth stated that the water tower site was a fully treed site. The landscape plan presented does not show the trees on that site.
Commissioner Siira stated that he would like to see the existing trees indicated on the site plan that gets reviewed and approved.
Alderman Bolender stated that it was his understanding that this building was being built as a spec building. He wanted to know why if there was no specific tenant for this building it could not be built smaller to preserve the woods and the view from Howell Avenue.
Mayor Richards stated that because of the DOT’s requirements the road would still need to go in the location indicated and the trees would still need to come out.
Alderman Bolender expressed his concern for the residents of the area and the removal of the trees. He wanted to know why a compromise could not be made to save some of the trees.
Mr. Espeseth stated that Opus is currently working with the Water Department to preserve the trees on the water tower site and provide an extra buffer to the truck port.
Commissioner Siira stated that if the current trees could be shown on the site plan that it would make a huge difference. The challenge for the Plan Commissioner with a plan like this is that a lot of time and investment has been put into these plans and they have the appearance of final drawings and the Commission never gets to make comments on a preliminary design basis. If this was done on a preliminary basis we could have taken the western three or four bays of the building on the corner and create an L shape building with the same square footage.
Mayor Richards stated that this item would be put on hold.
4311 East Oakwood Road
Tax Key No. 962-9014
Mr. Seymour explained to the Commission that Joel Kinlow was requesting an approval to the amendment to the conditional use permit that would allow for the expansion in height of the existing TV tower at 4311 E. Oakwood Road from 500 feet to 749 feet in height. This property is zoned B-4 which is Highway Business and has an existing conditional use for a cellular communications tower. Whenever a preexisting conditional use for a property is expanded it is required to go through the process as if it were a new conditional use.
Mr. Kinlow stated that he measured from the edge of Oakwood Road and he has about a 245 foot setback.
Mr. Seymour stated that before he could move forward with this request we would need something from a surveyor giving and exact dimension. In order for the City to allow that to be constructed at 749 feet you would need at least 249 1/2 feet.
Commissioner Dickmann wanted to know if the tower needed to be that high.
Mr. Kinlow stated that he wanted to go higher but that was the maximum height that the FAA would allow.
Mr. Seymour asked what the minimum lighting requirement was from the FAA.
Mr. Kinlow stated that the FAA is requiring that every third of tower length from base to top needs to be lit. So for a 749-foot tower you would need to light every 249 feet.
Mr. Seymour asked if those would be the high intensity strobes.
Mr. Kinlow stated that it would be equal in share from the base of the tower to the top.
Mr. Seymour asked if the FAA would allow a difference in intensity of the strobes between daytime and nighttime levels.
Mr. Kinlow stated that as far as he knew it was the same for day and night. The beacon lights only need to be on at night but the high and low intensity strobe lights stay on all the time.
Mr. Buchholz asked if there would be a public hearing and how far out would residents be notified.
Mr. Seymour stated that there would be a public hearing and normally we go out about 300 feet but we will go as far as the alderman wanted.
Alderman Bolender stated that he had no less than 25 residents call on the new strobe lights. He wanted to know if someone could speak to the FAA about putting on a deflector so the light would not go down onto the residents’ yards.
Commissioner Siira stated that pilots are either looking down or straight at the lights and it would make sense to have them reflecting up or straight out instead of down.
Mayor Richards was concerned if the tower was elevated 50% higher than it currently is that they would be creating a bigger problem then what they have now.
Alderman Bolender stated that if the tower goes up another 249 feet you are going to have more problems for the neighbors.
Commissioner Rottel wanted to know what Mr. Kinlow would be gaining by raising the tower height.
Mr. Kinlow stated that he needed the height for the high definition TV.
Mayor Richards stated that he was concerned because the Comprehensive Plan calls for high-end development in the area and now we will be increasing a tower by 50% in height and having a problem with lights. He wanted to know how this would impact on the long-term vision.
Mr. Seymour stated that if the issue with the lights could be resolved than it would lessen the impact on the area. Because this is an expansion of an existing tower it probably will not be that intrusive if the issue with the lights could be resolved.
Commissioner Dickmann wanted to know if the support cables went onto the property to the right.
Mr. Kinlow stated that the cables do go onto the piece of land to the east.
Mr. Seymour stated that in order to get the setback that was needed Mr. Kinlow would need to dissolve the property line so it becomes part of the larger property.
Commissioner Siira wanted to know if the additional height required more room for support wires.
Mayor Richards wanted to know if Mr. Kinlow had FAA approval at this time for the additional height.
Mr. Kinlow stated that he did have FAA approval.
Mayor Richards suggested that this item be put on hold to get the issue with the lights resolved.
Mr. Seymour stated that a surveyor would need to go out and get the exact distance between the base of the tower and the northerly property line and something from the FAA stating what the minimum lighting requirements would be for this tower.
Mr. Kinlow stated that he would look into having them go straight out with a reflector.
Alderman Bolender indicated that the intensity of the lights needed to be brighter during the day then at night. He wanted to know if the intensity could be brought down at night.
Commissioner Dickmann motioned to adjourn the meeting at 9:00 p.m. Commissioner Rottel seconded. All voted aye.