MINUTES OF THE
OAK CREEK
PLAN COMMISSION MEETING
TUESDAY, JUNE 10, 2003
Mayor Bolender called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner Peterson, Commissioner Marhal, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Kopplin, Commissioner Correll and Commissioner Jackson. Douglas Seymour, Director of Community Development was also present.
Commissioner Dickmann motioned to approve the minutes of the regular meeting of May 27, 2003. Commissioner Siira second. All voted aye. Minutes were approved.
Mr. Seymour updated the Commissioners on the actions that were taken at the June 3, 2003, Common Council meeting.
No Comments or questions from the commission.
Mr. Seymour explained to the Commission that SSA Delaware LLC was requesting Commission approval of a revised certified survey map that would subdivide the property at 2031 W. Ryan Road into parcels of 25.83 and 1.18 acres. Properties within the B-4 zoning district must be a minimum of 30,000 square feet in area with a minimum lot width of 150 feet. Each of these parcels exceeds the minimum criteria.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, expressed concern for access to these parcels from the main road. Mr. Seymour explained that access could be obtained from the parking lot of the existing gas station or the driveway from 20th Street for the truck stop.
Commissioner Dickmann wanted to know if parcel 1 would be allowed a sign under the current sign code. Mr. Seymour stated they would be allowed to have a sign.
Commissioner Dickmann motioned that the Commission recommend to the Common Council that the certified survey map submitted by SSA Delaware LLC for the property at 2031 W. Ryan Road be approved subject to the following conditions:
Commissioner Siira seconds. Roll call, all voted aye.
Mr. Seymour explained to the Commission that Mark & Kim Pientka and Michael & Laura Szczepanski and the Georgetown Commons Addition #1 Owners Association are requesting Plan Commission approval of a certified survey map that would redivide the properties at 975, 1001 and 1035 E. Randy Road. The current three properties would be combined into two.
Commissioner Dickmann inquired as to what advantage this CSM would have for the homeowners association. Commissioner Jackson explained that the Association would not be required to maintain the property any longer because it would be transferred to the two new owners of the property.
Mayor Bolender wanted to make sure the new owners understood what Commissioner Jackson had referred to with the maintenance of the parcels.
Kim Pientka, 975 E. Randy Road, explained that they would like to grade the property properly and replant grass so it can be maintained properly. When it was turned over to the Association it was never properly maintained.
Mayor Bolender wanted to know if the grades were acceptable. Commissioner Jackson explained that as part of the close out of the subdivision the developer would do the final grading if needed on the easement. It was at finish grade and the maintenance was to be taken care of by the Association.
Mayor Bolender stated that he wanted Kaerek Builders to do a finish grade on the easement and plant grass so that the new owners would only have to take over the maintenance and not do any of the landscaping to bring it to an acceptable grade.
Commissioner Siira wanted to know what the timing would be with respect to Kaerek getting the finish grade on the property. Mayor Bolender stated he would like to see it done right away, approximately 30 days.
Dimity Grabowski, Alderman 5th District, expressed her concern for what type of structures would be added to the new parcels. Mark Pientka stated he would be looking to add a garage to conceal some of his existing equipment from his business.
Mr. Seymour explained that with home occupations certain things are allowed and certain things are not they could work with the Building Commissioner to determine what would be allowed in the garage. Typically a garage would be an accessory use to the house and not for business purposes.
Mark Pientka explained that he was not looking to put up the garage to run his business but mainly to store his personal property. Occasionally there would be some building materials in the garage but not as a main use.
Mayor Bolender stated as long as he was not running his business from the garage he did not have a problem. Mr. Seymour stated that he would need to work with the Building Commissioner to make sure he stayed within the lines of an authorized home occupation. In terms of the CSM the City does allow accessory structures in residential zoning districts.
Commissioner Marhal stated that he saw the properties and if they maintain the additional properties as well as they do their existing property it would be an improvement to the area.
Commissioner Kopplin wanted to know what size garage they were intending to build. Mr. Pientka stated he would be looking to build the maximum 720 square foot accessory structure.
Commissioner Kopplin wanted to know how the other owners in the subdivision felt about them getting this property. Ms. Pientka stated she had signatures from 98% of the homeowners stating they would be in favor of the CSM. Mr. Seymour stated the president of the homeowners association would have to sign the CSM.
Commissioner Foeckler wanted to know if the Commission should hold this item until Kaerek was done with his work on the subdivision or should it be approved with the understanding that Kaerek will do the work. Mayor Bolender stated he wanted Kaerek to fix this lot. Mr. Seymour explained that the lot was already transferred to the homeowners association and there would be no leverage on Kaerek Builders. Commissioner Foeckler stated it would be in Kaerek’s best interest to get this done.
Commissioner Kopplin stated she did not want to approve this CSM without a written commitment from Kaerek to do the work. Mr. Seymour stated this was a separate issue from the approval of the CSM it would be an issue with the close out of the development agreement.
Mayor Bolender wanted to know what work Kaerek had left to do in the subdivision. Commissioner Jackson explained that he had remedial restoration work to do on two ponds. Mr. Kaerek has also agreed to polish the grades in one of the ponds to try to make it operate more efficiently.
Commissioner Peterson stated that what ever happens this is just a division of property and what goes on it is a separate issue. Commissioner Kopplin stated she would just like to see it in writing so that it would get done.
Dimity Grabowski stated that she has reviewed properties in this subdivision with Mr. Kaerek to try and get things taken care of. She wanted to know where the public easement would be after the CSM was recorded and if fill would be added to these lots. Mr. Seymour stated that they would not be allowed to fill in the easement.
Mike Szczepanski, 1035 E. Randy Road, stated that the subdivision committee paid the taxes on the easement last year so that may show ownership and relieve Kaerek of any responsibilities.
Commissioner Correll stated that it sounds like the subdivision is in control of the lot and these people want to take ownership and we should not hold that up.
Mayor Bolender stated that if a developer were going to develop a piece of property, he would develop it to the letter of the development agreement. If the City is going to start giving developers easy outs then the City might as well not even tell them what to do. The bar is being raised on developers and if they don’t like it to bad. Oak Creek is not going to be the “we can get away with anything City”, we are going to make this City a little different than it has been.
Commissioner Marhal motioned that the Commission recommend to the Common Council that the certified survey map for the properties at 975, 1001 and 1035 E. Randy Road be approved with the condition that any technical corrections be completed prior to the recording of the map.
Commissioner Correll seconds. Roll call, Dickmann aye, Peterson aye, Marhal aye, Siira aye, Kopplin nay, Mayor Bolender aye, Foeckler aye, Correll aye, Jackson aye.
Mr. Seymour explained to the Commission that Pilgrim Development Group was requesting Plan Commission reauthorization of the approval of the preliminary plat for the first phase of the Glen Crossing subdivision at 8360 S. 13th Street. The first phase of the subdivision consists of 36 lots in the Rs-3, Single Family Residential zoning district. The lots have been increased in size to meet the new width and area requirements.
Commissioner Kopplin wanted to know if there were going to be two outlets for this subdivision. Mr. Seymour stated there would be two, on coming off of 13th Street and the other through Wilding Drive.
Commissioner Dickmann wanted to know if the temporary road would be removed completely once the subdivision was completed. Mr. Seymour explained that the temporary road would be dropped completely.
Mayor Bolender wanted to know why Pilgrim Development waited two years before doing anything. Bob Fox, surveyor for Pilgrim Development, explained that there has been an ongoing litany of changes that have occurred not just with the City but other governmental groups. Milwaukee County was involved at one time objecting to the location of the road access. Also because of the new flood elevations changes had to be made and there were also changes with the bridge. Within the last eight months we have been trying to get this development going.
Mayor Bolender wanted to know if there were wetlands to the east of this development. Mr. Seymour stated the Oak Creek runs to the east of the development and there is detention basins in outlot 2 and he would suspect that there are wetlands within the Oak Creek area. As you go further to the east there is a property that has some wetlands and floodplains as you approach the south end. On the north end it should be pretty clear with respect to wetlands.
Commissioner Foeckler wanted to know when they were planning on starting something. Mr. Fox stated they have brought forth construction plans and they needed to get the subdivision agreement signed before they could move forward. As soon as all of the approvals are in place construction would begin.
Vicky Klebbe, 8351 S. 13th Street, stated her house is directly across the street from the entrance to the subdivision and she is concerned about traffic lights and the entrance being by her house. She was also concerned about the water drainage in the area.
Mayor Bolender told her there would not be traffic lights at this street in her lifetime.
Commissioner Jackson assured Ms. Klebbe that the new construction that was done taking water from the school side and getting it across to the east side would accommodate the storm sewer design of the new subdivision and the water would have an outlet.
Commissioner Kopplin questioned how access would be made to the back parcel of this development. Mr. Seymour explained that for the future phases of this subdivision the Plan Commission had tried to incorporate the approvals of the additional phases with the provision of a bridge across the Oak Creek but not as part of the first phase.
Commissioner Dickmann wanted to be assured that when the roads went in they were tied in so that the people that are on Park View Court do not get cut off. Mr. Fox explained that the temporary road would stay in place until available traffic flow was established in the subdivision.
Commissioner Foeckler wanted to know if this was the exact same plat that was approved back in 2000. Mr. Seymour stated it was with the exception of the larger lot sizes. Mr. Fox stated that about four lots were modified to get them over the 12,000 square feet.
Arden Degner, 8540 S. Pennsylvania Avenue, was curious how the stormwater would flow from this subdivision. Mr. Seymour explained that the stormwater management plan for this subdivision has already been approved.
Commissioner Jackson explained that the stormwater plan was not approved at this time but has been ready for approval since last year.
Commissioner Dickmann motioned that the Commission affirm their earlier approval of the preliminary plat for the Glen Crossing subdivision at 8360 S. 13th Street.
Commissioner Siira seconds. Roll call, all voted aye.
Mr. Seymour explained to the Commission that a request had been made to amend the zoning code to allow massage therapy as a permitted use in the City’s commercial zoning districts. In August of 2001 the Common Council denied a similar request to allow massage therapy as a permitted use.
Commissioner Kopplin expressed her concern for allowing this use in the B-2 zoning district because it opens it up to the B-1, B-2 and B-4 zoning districts. If this request is in connection with Aurora Health why would it need to be in the B-2 zoning district. It should be in the most restrictive zoning district, B-3.
Mr. Seymour wanted to know what it was about massage therapy that Commissioner Kopplin would not want to see it in the other zoning districts. Commissioner Kopplin explained because of what had happened previously in South Milwaukee. Police cannot enforce all of these areas and make sure what is going on is legitimate.
Commissioner Marhal wanted to know if there was a specific location for this use that was being addressed. Mr. Seymour stated there was not at this time.
Commissioner Kopplin stated that in order to do any type of massage work a person would need to be certified for at least a year. Mr. Seymour explained that the proposal called for any person who engages in massage therapy to be licensed by the State of Wisconsin.
Arden Degner, 8540 S. Pennsylvania Avenue, agreed with Commissioner Kopplin and did not want to open up a bag of worms.
Commissioner Kopplin did not want to say that there would be prostitution with the massage therapy but did not want to open up the door for any problems for the City. If it were to be in the B-3 district it could be regulated better.
Commissioner Marhal stated that the Commission should be careful not to stereotype the profession. If it was restricted to the B-3 district it may prevent someone from opening a legitimate business.
Commissioner Correll stated that there are very successfully established legal businesses in other communities and the Commission should not stereotype the profession.
Mayor Bolender wanted to know if this use would be fully licensed by the State or the City. Mr. Seymour stated as proposed it would be required to be licensed pursuant to the Wisconsin Administrative Code. The City can engage in the licensing of the profession.
Mayor Bolender suggested if it was allowed that it is licensed through the City. Commissioner Foeckler stated that would be a reasonable compromise. If Oak Creek was going to allow this it should be taken to a higher level and require a City license.
Commissioner Dickmann wanted to know if they could look at some of the neighboring communities and how they handle the situation.
Mayor Bolender recommended that this item be held until the Commission could look into this matter further.
Commissioner Kopplin moved to adjourn. Commissioner Marhal second. Roll call, all voted aye. The meeting adjourned at 8:19 p.m.