MINUTES OF THE
TUESDAY, APRIL 27, 2004
Mayor Bolender called the meeting to order at 7:05 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner Jackson, Commissioner Marhal, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commission Kopplin, Commissioner Correll and Commissioner Peterson. Also present were Director of Community Development Douglas Seymour and Assistant Fire Chief George Krudop.
Commissioner Foeckler motioned to approve the minutes of the April 13, 2004, Plan Commission meeting. Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Report on Significant Common Council Actions
Mr. Seymour updated the Commissioners on the actions that were taken at the April 20, 2004, Common Council meeting.
No comments or concerns from the Commission.
Certified Survey
Map – Marilyn Blasczyk
3271 and 3281
E. Elm Road
Tax Key No.: 969-9023
and 9024
Mr. Seymour explained to the Commission that Marilyn Blasczyk was requesting approval of a certified survey map for the properties at 3271 and 3281 E. Elm Road. These properties are currently zoned Equestrian Residential. A rezoning to Rs-2, Single Family Residential is pending for parcel 1 of this CSM. The proposed Parcel 1 meets the minimum criteria for Rs-2 zoning.
Commissioner Dickmann questioned the designation of outlot 1 on the CSM. Mr. Seymour explained that outlot one was the entire parcel and the CSM changes the designation to parcel 1 and parcel 2 and the outlot designation would be removed.
Commissioner Dickmann motioned that the Commission recommend to the Common Council that the certified survey map for the properties at 3271 and 3281 E. Elm Road be approved subject to the following conditions:
Commissioner Marhal seconds.
Mr. Seymour requests that an additional item be added that states: 4. That it is contingent of the Common Councils passage of the rezoning. First and second concur.
Roll call, all voted aye. Motion carries.
Rezone – Yum
Brands, Inc.
8750 S. Howell
Avenue
Tax Key No.: 860-9996
Mr. Seymour explained to the Commission that Yum Brands, Inc. was requesting that the property at 8750 S. Howell Avenue be rezoned from B-3, Office and Professional Business to B-4, Highway Business as part of a proposal to develop a combination Taco Bell/Long John Silvers restaurant at that location. The proposed rezoning is consistent with the Comprehensive Plan for the area, which calls for planned mixed use.
Commissioner Siira requested to see the plans for the building.
Mr. Pat Coulter, McCluggage, VanSickle and Perry Architects, explained that the actual building architecture has not been determined at this time but did show some color renderings of a typical building. It would be a small restaurant that would seat about 60 and would have adequate parking and landscaping.
Commissioner Kopplin expressed concern for the traffic in the area and the colors of the building. She would like them to be compatible with St. Francis Bank and Mutual Savings. Mr. Coulter agreed.
Mayor Bolender stated he thought the traffic would be worse than Mr. Coulter expected and there would be a lot of foot traffic also. He suggested that the building be placed across the street from the school because he would like to see an office building on this location.
Commissioner Siira commented that the parking spaces in the middle of the lot did not lend for a good flow of traffic. Mr. Coulter stated this was a preliminary drawing only at this point.
Commissioner Jackson questioned if a restaurant could be located on this lot under the current zoning. Mr. Seymour stated that under the B-3 zoning there was not an opportunity for a restaurant except those that are an accessory to a principal office building.
Commissioner Marhal questioned if the same concerns were brought up when McDonalds came in. Mr. Seymour stated that they were brought up at that time also. Mr. Seymour commented that when the Post Office was operating at this site the intersection was chaotic. The complicating factor was that this is not a City street and nobody wants to take responsibility for the area.
Alderwoman Ann Lampe expressed concern for the foot traffic and for the flow of traffic on the site. Mr. Seymour reminded the Commission that this was a rezoning and not a site plan review so the plans were not finalized at this point and time.
Commissioner Correll stated that foot traffic was far worse on Puetz Road than on Howell Avenue. The amount of pedestrian traffic at the McDonalds was minimal.
Mr. Al Clasen, 1731 E. Elm Road, stated the intersection was already bad at this time and a new restaurant would make the situation worse on Howell Avenue.
Mr. Seymour explained that there would be traffic lights at Centennial Drive which would provide for more gaps for people using the unsignalized intersection at Pick n’ Save. At the same time in cooperation with the development of the Centennial Center the owner of McDonalds would be reconfiguring that parking lot to provide a better traffic flow and allow customers from McDonalds to go through the Centennial development to Centennial Drive which will have traffic lights.
Commissioner Foeckler commented that he was torn on this issue because it was a highly requested restaurant but that the location had some traffic issues. He did not necessarily advocate pushing it closer to the High School. He feels that it fits in on this site and would be more desirable than an office building at this location.
Mayor Bolender stated that he felt this was the wrong place for this facility. He would like to see Taco Bell in this community but not in the middle of downtown but in the spot near the high school.
Commissioner Marhal believes that Howell Avenue and Puetz are the downtown of the City. This is a relatively small site and wondered what type of office building would want to locate on this site. Mayor Bolender responded perhaps a Pearl Vision would fit in nice.
Commissioner Correll agreed that because of the traffic situation this site has a lot of issues but would it be better to see it sit vacant.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, commented that this was not the site for this building and it could possibly go across the street near the Sentry building.
Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that the property at 8750 S. Howell Avenue not be rezoned from B-3, Office and Professional Business to B-4, Highway Business after a public hearing.
Commissioner Siira seconds. Roll call, Dickmann aye, Jackson aye, Marhal nay, Siira aye, Foeckler nay, Bolender aye, Kopplin aye, Correll nay, Peterson aye. Motion to deny the rezone carries.
Temporary Use – Sales
Trailer (Willowbrook)
10333 S. Monardy
Lane
Tax Key No.: 961-9996
Mr. Seymour explained to the Commission that Bielinski Builders was requesting Plan Commission approval of a temporary sales trailer for the property at 10333 S. Monardy Lane in the Willowbrook subdivision. The trailer would be used on a temporary basis as a design center and sales office for the Willowbrook subdivision.
Commissioner Kopplin questioned if the Commission has ever approved the use of sales trailers once model homes are available for marketing. Mr. Brian Pehl, Welch, Hanson and Associates, representing Bielinski Builders, it has been used in other communities but is a relatively new sales tool for Bielinski. It is the belief of Bielinski that a sales trailer will provide better space for sales. There will be an area to show color selections and there will be an area for children to while the parents are looking at samples for the homes. It will be a more user-friendly area for sales.
Mayor Bolender questioned what was happening in the existing trailer in the subdivision. Mr. Pehl was not exactly sure what would be happening with the existing trailer. Mr. Seymour stated if approved it would be the Commission’s expectations that the existing trailer be removed. Mr. Pehl was sure that would not be a problem.
Mr. Seymour explained that to his knowledge the trailer in Willowbrook was the only sales trailer that has been permitted. There have been offices approved in model homes in the past and it would typically be approved for a two-year period.
Commissioner Siira questioned what length of time was intended for the trailer to be at the site. Mr. Pehl explained they were asking for three years but if it sells out and it is not needed it would be removed and replaced with a home at the proper time.
Commissioner Peterson questioned if the homes in Willowbrook had two or three car garages. Mr. Pehl stated primarily two car garages in Willowbrook.
Mayor Bolender questioned the size of the first sales trailer. Mr. Seymour stated it was a singlewide trailer. Mayor Bolender wanted to know how many sales people would be working in the trailer at one time. Mr. Pehl thought there would be about three people in the trailer at most times. Mayor Bolender questioned if the double wide would be a show room for what components you could put in your home. Mr. Pehl stated that would be a fair assumption. None have actually been built at this time so it hard to say exactly what will be in the building.
Commissioner Foeckler commented that being a father with small children he welcomes a place to go where there is a place to occupy the kids while going over the materials for your home. He would agree with this for a period of two years with the removal of the current trailer.
Mayor Bolender asked if any of the models were used at this time for sales. Mr. Pehl stated he could not answer that question.
Commissioner Dickmann would like to see off street parking at the start of the use approval.
Commissioner Kopplin questioned who was notified and if they were notified of the size of the trailer. Mr. Seymour stated they were notified in accordance with the standard three hundred foot notification area from the lot.
Alderwoman Dimity Grabowski expressed concern for the off street parking and that the temporary existing trailer be removed.
Commissioner Kopplin questioned if the Alderwoman for the district requested a larger notification area. Alderwoman Grabowski stated she did not request that.
Commissioner Marhal motioned that the Commission approve the request by Bielinski Builders for a temporary sales trailer for the property at 10333 S. Monardy Lane for a period not to exceed two years, provided that the existing temporary use be discontinued and the sales trailer removed and that off street parking be added.
Commissioner Correll seconds.
Roll call, Dickmann aye, Jackson nay, Marhal aye, Siira aye, Foeckler aye, Bolender nay, Kopplin nay, Correll aye, Peterson nay. Motion to approve carries.
Certified Survey
Map – Martha Borzykowski and Betty Boyd
6745 S. 20th Street
Tax Key No.: 737-9998-003
Mr. Seymour explained to the Commission that James Overland, on behalf of the property owners Barbara Borzykowski and Betty Boyd was requesting approval of a certified survey map that would subdivide the property at 6745 S. 20th Street into two parcels of 22,801 square feet. Parcels within the Rs-4 zoning district must be a minimum of 10,000 square feet with a minimum width of 75 feet. Each of the lots would exceed the minimum criteria.
Commissioner Dickmann explained that 20th Street gets wider north of Wood Avenue and is narrower in front of these lots.
Commissioner Jackson questioned if the note on the map about the street in the back would be a technical correction or if it needed to be an additional condition. Mr. Seymour replied it would be a technical correction.
Commissioner Foeckler questioned if there were intentions of making this four lots in the future when the road goes through. The developer motioned that there would only be the two lots.
Commissioner Foeckler motioned that the Commission recommend to the Common Council that the certified survey map for the property at 6745 S. 20th Street be approved subject to the following conditions:
Commissioner Dickmann seconds. Roll call, all voted aye.
Plan Review – Virginia
Place
9102 S. 20th Street
Tax Key No.: 877-9998-001
Mr. Seymour explained to the Commission that Firari Investments was requesting Plan Commission approval of detailed site and building plans for the development known as Virginia Place at 9102 S. 20th Street. The property is zoned Rd-1, Two Family Residential PUD.
Commissioner Foeckler questioned if the single family lots were going to be sold off for development or would they be part of the condominium development. Mr. Seymour stated they would not be part of the condominium development.
Commissioner Marhal agreed that saving as many trees as possible was important but that in a closed community the sidewalks were a good idea. Mayor Bolender responded that it was a cul de sac and there would be no through traffic. Mr. Seymour replied that sidewalks would then require the full setbacks to be put in and then more trees would be lost.
Commissioner Kopplin commented that it was moved forward to save as many trees as possible because that is what the people in the neighborhood wanted.
Alderwoman Ann Lampe questioned if this development met the code regarding the number of units on a cul de sac. Assistant Fire Chief George Krudop explained that there was no specific number of units allowed on a cul de sac but that the length of the cul de sac was the concern in the design manual.
Commissioner Kopplin questioned if it would be a problem for the Fire Department to get to the homes in the back or should the driveways loop around to make it easier for the Fire Department. Assistant Fire Chief George Krudop replied if it were a commercial development it would require a mandated size turn around. With a single family dwelling it does not fall underneath some of the Codes as far as access. Letters are provided to the occupants of homes located this far off the street to make sure that trees are trimmed width and height wise to make access easier for the trucks but is not required.
Alderman Steve Jonas, 6th District, commented that he would not have approved of this if it were coming before the Common Council at this time. Mr. Seymour provided some back round for Alderman Jonas on this development and that it would be saving as many trees as possible and provide buffers to the apartments and single family homes in the area.
Resident to the north requested privacy landscaping for her home from the developer. Mr. Pete Jeurgens, Firari Investments, stated they would work with the neighbors to provide a buffer but a berm would destroy some of the existing trees.
Alderwoman Lampe expressed concern for the developer putting the berm on the current resident’s lot and not on the condominium site. Mr. Jeurgens stated he would do what ever the Commission and the neighbor wanted including putting the berm on his development or even putting in different trees for more cover.
Mr. Craig Faucet, stated this was a compromise that was reached about five years ago because there was a proposal to rezone for duplexes. Considering what could have been done on this property this is a vast improvement in the area and does not increase the density in the area.
Commissioner Marhal motioned that the Commission approve the detailed site and building plans for the Virginia Place condominium development at 9102 S. 20th Street subject to the following conditions:
Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Certified Survey
Map – Gregg Schmidt
7921 And 7981
S. 20th Street
Tax Key No.: 810-9998
and 9999
Mr. Seymour explained to the Commission that Gregg Schmidt was requesting approval of a certified survey map that would redivide the properties at 7921 and 7981 S. 20th Street into two parcels. Each of the proposed lots meets the minimum area and width requirements for the Rs-2 zoning district.
Commissioner Kopplin questioned if the grading plan was completed or would it be part of this motion. Commissioner Jackson explained that it was Engineering’s concern that grading and drainage be approved prior to recording of the map and would like to add that it also be completed before recording of the map.
Commissioner Kopplin also questioned if the sewer would be a problem with the CSM. Commissioner Jackson replied that if it were required a retaining wall would have to be put in as part of the grading plan. He felt comfortable with the motion stating that if it was required it be done before recording of the map to ensure that if it was required it would be done.
Mayor Bolender wanted to know if that could be guaranteed and Commission Jackson stated that it could be guaranteed. If a retaining wall was required in order to meet the grades required than that would be part of the grading plan.
Commissioner Foeckler stated that as the lots exist at this at this time one home could be built. Mr. Seymour confirmed that was correct.
Mr. Gregg Schmidt stated if a retaining wall was required he would have no problem putting it in. His concern was with the fill and the amount of fill required. There would only be a 38’ deep house and he would not need a 60’ building pad. Would the City allow him to only put in enough fill to allow for a 38’ deep house?
Commissioner Jackson explained that grading and drainage plans are approved according to the manual and it is based on all possible scenarios and the 60’ scenario is the worst case. From the Engineering standpoint if the Schmidt’s decide not build on the lot and sell, it needs to conform to the design manual.
Mr. Schmidt explained that he would have a grading plan that would allow for a 60’ wide house if he should not build on the lot but because his father would be building on the lot he would like the exception for a 38’ wide house. The grading plan would show a 60’ foot house but he would like to only put a pad for a 38’ house.
Mr. Seymour questioned if trees would actually be saved because even if the smaller building pad were put in it would still need to be graded. Mr. Schmidt stated that he would be saving trees. Commissioner Jackson explained that the 60’ would require a retaining wall and with the smaller pad the toe of slope gradually inches away from the wetlands and does save a few trees.
Mayor Bolender expressed the concern of the Commission because of the area it would be necessary to know exactly what Mr. Schmidt had planned to go on these lots.
Commissioner Kopplin suggested adding a condition that if the City Engineer deems a retaining wall is required that it be installed prior to recording of the map.
Commissioner Marhal agreed that would be a good compromise.
Mr. Seymour questioned who was authorized to deviate from the design manual. Commissioner Jackson replied that was a good question but did not want to say that the City Engineer has that discretion.
Commissioner Foeckler expressed concern for the water in the area and how it may affect the neighbors in the area. Commissioner Jackson explained that the grading and drainage plan requirements are intended to forego any possible problems with new construction causing any additional or new drainage problems to abutting properties. The preliminary grading and drainage plans direct the water to the existing wetlands to the west which is the natural low lying area.
Mayor Bolender questioned if the City Engineer should take a look at this and make sure it is being done correctly. Mr. Seymour stated the City Engineer has devoted a considerable amount of time on this issue and his recommendation that the grading be put in place prior to recording the map is to ensure that we don’t run into a situation where there is an exchange of ownership and the conditions of approval might get lost in the shuffle. Anyone buying those lots should have absolutely no question as to what the grading plan calls for because it would be done.
Mr. Carl Tisonik, 8034 S. 20th Street, pointed out that there were several reasons this property has not been developed up to this point. It is not suitable for homes and the increase impervious surface would hinder the process of natural percolation of water into the subsoil. The development of the large lot would cause additional flooding problems on Drexel Avenue. The loss of marsh land and creation of drainage swales would cause unnatural and excessive sedimentation. He explained that he was not anti-development but felt the City should really look this over before allowing another buildable lot in this area.
Ms. Margaret Jensen, 8031 S. 20th Street, explained the history of the area and expressed concern for the water on her property if another home is allowed to be built next to hers.
Mr. Schmidt, 7842 S. 13th Street, expressed that he felt this area was mismanaged for several years and stated there should be a ditch going all the way to Drexel Avenue. The culverts are not maintained and the pitch is incorrect on Drexel.
Commissioner Marhal suggested that this item be tabled until further information could be obtained from the City Engineer and Mr. Schmidt on exactly what would happen on this property.
Ms. Dorothy Tischendorf questioned what the retaining wall was and where it was supposed to go. Commissioner Kopplin explained where the retaining wall was being proposed.
Mayor Bolender directed the item be held until further information could be obtained from the City Engineer.
Commissioner Marhal motioned to adjourn. Commissioner Dickmann seconds. Roll call, all voted aye. Meeting adjourned at 9:30 p.m.