MINUTES OF THE
TUESDAY, MAY 11, 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 Siira, Mayor Bolender, Commission Kopplin, Commissioner Correll and Commissioner Peterson. Commissioners Marhal and Foeckler were excused. Also present were Director of Community Development Douglas Seymour and Assistant Fire Chief George Krudop.
Commissioner Dickmann motioned to approve the minutes of the April 27, 2004, Plan Commission meeting. Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Mr. Seymour updated the Commissioners on the actions that were taken at the May 4, 2004, Common Council meeting.
No comments or concerns from the Commission.
Mr. Seymour explained to the Commission that Gregg Schmidt had submitted a certified survey map that would redivide the two properties at 7921 and 7981 S. 20th Street into two parcels. The Plan Commission reviewed a natural resources plan for the property at their last meeting.
Commissioner Jackson asked Mr. Schmidt if he understood the process as explained to him by City Engineer Wayne St. John. Mr. Gregg Schmidt, 7921 S. 20th Street, replied he did meet with Mr. St. John and he understood it as Mr. Seymour stated. Mr. St. John presented him two options and he was satisfied with the outcome of the meeting and he knows exactly what is being asked of him.
Commissioner Jackson asked if he understood that grading needs to be completed before recording of the map and replied that he did understand that to be true.
Mr. Seymour asked if he would be withdrawing the CSM or proceeding and grade according to the grading plan. Mr. Schmidt stated he would be proceeding with the CSM and go to Common Council and present the house plan to Wayne and grade according to Engineer’s requirements and after it was approved by engineering the CSM could be recorded.
Commissioner Peterson questioned the retaining wall. Mr. Schmidt stated the retaining wall would need to be put in if the plan showed a 60 foot building pad. Because he would be bringing in his house plans with a smaller building pad a retaining wall may not be required.
Commissioner Kopplin commented that she was on the property and spoke with the City Engineer. She questioned who would give the variance on the building pad size. Mr. Schmidt explained that the requirement was for land that was being divided. He would not be dividing at this point because he would come in with a house plan for one lot and grade it according to the Engineering Department and then record the map.
Commissioner Jackson explained to the Commission that Mr. Schmidt could apply for a building permit for a home as the property currently sits. The plan would show the type of house and if it fits the 40 foot building pad then that would be acceptable. He then would have the option to show the grading for the proposed second lot. The second lot would have to meet the 60 foot setback.
Margaret Jensen 8031 S. 20th Street, read the following:
I spoke with Mr. Wayne St. John, City Engineer and City Planner, Mr. Doug Seymour.
I am still not in agreement with them as to this being a desirable acreage for home building.
This lot drops down approximately 22 feet from the street level. That will require tons of fill, and they are telling me this will not have an effect in water flow patterns.
Mr. St. John said that Mr. Gregg Schmidt can build a retaining wall and/or fill to the edge of the swamp, cat-tails or water.
My concern still remains that water will back up into my yard. Mr. St. John tried to assure me that it won’t back up to my yard it will go into the swamp. I don’t agree! I’ve seen it back up!
My question is: What is my recourse if there is a back-up of water and it leaves water standing in my yard instead of going to the swamp? When and if it does back up to my yard is the City just going to assure me that it can’t happen and walk away? Does the City have any responsibility here? Can I hold Mr. Gregg Schmidt responsible for any problems I might encounter?
I want it on record that my husband and I maintained a lawn and cut grass in our back yard for 50/plus years and I feel that my concerns have not been taken seriously.
It has always been a lowland, a swamp, and changing it is destructive and irresponsible.
Commissioner Jackson did not want to approach the subject of trying to guarantee anything. The way the grading plan would be designed it would direct water back towards the low lying area now which is the wetlands.
Mr. Seymour commented that the City did not say this was a desirable lot but that as it was proposed meets the regulations of the City of Oak Creek. The lot would meet the regulations of the City’s design manual and the grading and drainage plan. As for recourse for Ms. Jensen, she would be able to pursue civil action if she felt an action by an individual or a corporation or municipality has in some way damaged her property. There is no guarantee that there will not be water on her property because it is part of a flood plain.
Commissioner Jackson explained to Ms. Jensen that Mr. Schmidt would be allowed to fill up to the 100 year flood area and the grading plan would drain to the wetlands. Ms. Jensen continued to not believe that this would not have any affect on her property. Commissioner Jackson explained to her the process and that the water can not go any higher than it currently is. Ms. Jensen was still concerned that the water was going to back up further onto her property than it currently does. Commissioner Jackson explained that the water was dammed by the culverts and the road and then it heads to the east when it gets over the road.
Commissioner Correll commented that the City Engineer has looked at the preliminary plans and feels that it will meet the standards. He questioned if Ms. Jensen had done any studies or contracted with anyone to confirm her beliefs that it will backup. Ms. Jensen stated it was just her experience from living in the area that if it was filled in it would back up further onto her property. Commissioner Correll stated without further support for her concerns he would have to believe what the City Engineer was telling the Commission.
Commissioner Jackson explained that when the grading plan was presented they could have the environmental engineer take a look to see if there was anything else they could do with the water in this area.
Commissioner Correll motioned that the Commission recommend to the Council that the certified survey map for the properties at 7921 and 7981 S 20th Street be approved subject to the following conditions:
Commissioner Siira seconds. Roll call, Dickmann nay; Jackson nay; Siira aye, Bolender nay; Kopplin nay; Correll aye, Peterson aye. Motion failed.
Commissioner Dickmann motioned to forward the Certified Survey Map to Common Council. Commissioner Correll seconds.
Roll call, Dickmann aye; Jackson aye; Siira nay; Bolender nay; Kopplin aye; Correll aye; Peterson aye. Motion to forward to Common Council carries.
Mr. Seymour explained to the Commission that Advanced Auto Parts was requesting Plan Commission approval of site, building and landscaping plans for a +/- 6900 square foot auto parts store at 6534 S. 27th Street. The proposed site and building conform to the requirements for this zoning district.
Commissioner Dickmann questioned if Advance Auto would be closing its store located about two miles north. Mr. Tony Antonopolis, architect, indicated that they would not be closing that store.
Commissioner Siira questioned if the red/orange color was a corporate color or could that be changed. Mr. Antonopolis replied that the rendering show the corporate colors. They always use split face masonry with the gray color on the building and the red on the logo. The colors cannot change because they have 2500 stores existing with those colors.
Commissioner Siira questioned if the Fire Department was comfortable with the point of entry for the site. Assistant Fire Chief George Krudop explained that with the size of the property it would meet the code requirements. If the two driveways could be connected to Pick n’ Save it would be a better situation. Mr. Ross Hass, developer, explained that Pick n’ Save was not willing to allow access to their parking lot.
Commissioner Dickmann expressed concern for the traffic situation with the driveways and employee parking. He also questioned where the store would receive deliveries and how they would access the store. Mr. Hass explained that there would be a roll up door on the south side of the building for deliveries.
Commissioner Kopplin questioned the additional traffic in the area and the need for a traffic study. Mr. Seymour questioned the average daily traffic for the store. Mr. Hass stated it would be less than 100 per day.
Commissioner Siira questioned if there would be additional signs besides the building mounted signs. Mr. Antonopolis stated there would be a monument sign located on the north end of the site.
Commissioner Correll questioned if the statutes call for a specific type of sign. Mr. Seymour explained that the statutes allow for pole signs or monument signs are permissible in B-4 zoning districts however, they must be set back a minimum of twenty feet from the property line. This CSM was created when the Trans 233 setbacks did apply in which case there would be a fifty foot setback for the sign.
Commissioner Jackson questioned if the sign would match with the bank and wondered if the bank had any concerns. Mr. Brian Ohlen, Wauwatosa Savings Bank, indicated that the bank did not have any position with the potential owners and what they want to build. The one problem that they see is the sidewalk that crosses the bank property and it has been taken care of with Advance Auto.
Mr. Seymour explained that they did not have an issue with the color scheme of the sign but with the brick building. The buildings to the north and the south are brick and this building would be the color of cinder block. The corporate image could still be maintained and the building could match the surrounds better by making it a similar brick pattern with the neighbors.
Mr. Hass questioned if the Commission wanted them to build a red brick building. Mr. Seymour suggested they investigate the possibilities for upgrading the exterior materials on the building to fit in better with the neighbors.
Mayor Bolender agreed with Mr. Seymour that brick would be a lot nicer and match with the surrounding area. An upgrade of materials would be appreciated by the Committee and community.
Alderwoman Dimity Grabowski, 5th District, shares the same sentiments as Mr. Seymour with the aesthetic issues. She would like the Commission to request an aesthetically pleasing building that reflects the surrounding buildings. The City has the opportunity to expect high level development.
Mr. Seymour explained that he was not looking for a clone of the neighboring buildings but that there would be willingness to work with the City on complementary color schemes.
Mr. Hass questioned if the Commission would be satisfied with a gray brick. Mayor Bolender told them to go back and come back with a more up beat look. Mr. Hass asked for more direction on what the Commission was looking for.
Commissioner Peterson questioned if they could do something with the expansive gray because it was important to the corporate image. Are there other ways to creatively break it up for a more appealing look? Mr. Hass asked if the gray was broke up with more colors would that work.
Mayor Bolender stated it should be a nicer looking building to compliment the surrounding buildings.
Mr. Robert Bailes, 2607 W. Linden Court, explained that he liked the green space behind the building because it screens the noise from 27th Street. They would be a real asset to the neighborhood as corporate neighbors.
Commissioner Siira suggested that the revised color scheme show how they are attempting to be complimentary to the surrounding neighbors. It should not be gray or it would like unpainted block from the street. It would be a compromise to allow for the large orange and yellow canopy area but the rest of the building could stay a split face block building within the field but the gray needs to become a color that is more complimentary to Wauwatosa Savings.
Mayor Bolender directed the item held.
Mr. Seymour explained to the Commission that Grand Cru Development was requesting approval of site and building plans for the property at 1910 W. Puetz Road. The plan proposes the construction of 38 condominium units.
Commissioner Kopplin questioned the grade of the street. Mr. Seymour stated the grade of the street is lower than the grade of the adjacent house.
Assistant Fire Chief George Krudop explained that the street does not meet the design manuals intent in his belief but the developer has proposed to sprinkle all multi-family buildings to make allowance for the design manual change. Eventually the street will go through and it will not be a problem. The sprinkler is an acceptable alternative on the multi-family and the water supply does come from a separate location than the access road.
Mayor Bolender questioned if the loop was sufficient to get fire equipment in and out. Assistant Fire Chief George Krudop explained that the developer has stated that the road would be built to the design manual requirements for a regular road as far as load capacity.
Mayor Bolender questioned how many units would be in the complex. Mr. Bob Williams of TDI Associates replied there would be 38 units.
Mayor Bolender questioned the distance between buildings. Mr. Williams stated there were approximately 30 feet between buildings.
Commissioner Dickmann questioned if the duplex units would be sprinkled. Assistant Fire Chief George Krudop stated there was no agreement for the duplex units because he did not have jurisdiction on those buildings. Mr. Williams agreed to sprinkle the duplex units with NFPA 13R.
Commissioner Siira questioned if landscaping plans were to be reviewed at staff level. Mr. Seymour stated he has reviewed the landscaping plans and they appear to meet the landscaping requirements set forth in the conditions and restrictions.
Commissioner Siira questioned the size of the trees on the northwest corner. Mr. Williams stated the trees would be a minimum six foot initial height and width.
Commissioner Jackson asked about the color schemes for the buildings. Mr. Williams stated the intent was to have each building have a different stone and siding for ease of identification. Commissioner Jackson asked about the siding color. Mr. Williams explained that the siding color would change to match the brick on each building but that the same shingles will tie all the buildings together.
Commissioner Jackson questioned if each duplex would be brought before the Commission for approval. Mr. Seymour stated that the Commission should see each of the duplexes to avoid any future problems with design issues.
Ms. Tracy Riba, 8590 S. Whitney Drive, questioned if the width of the row of trees for the buffer zone. Mr. Williams explained at planting the trees would be approximately 6 foot in diameter and six foot high.
Mayor Bolender questioned if the landscaping would protect her from looking at a subdivision in her backyard. Mr. Williams explained the landscape plan and how it would protect Ms. Riba. There would be an additional nine trees planted on her property at her discretion in addition to the landscaping for the development.
Ms. Pat Trick, 2027 W. Vista Bella Drive, expressed concern for the runoff pond. She did not want to have another pond near her and wanted to know what type of buffer there would be between her building and the closest building in this development. Mr. Williams explained that there was about the same protection from them as they were from the existing development. The pond closest to her was a water quality pond to protect the wetlands. There would be landscaping to protect her from the car and street lights.
Ms. Riba questioned the street lights in the development. Mr. Seymour explained that the street lights were regulated by the City Engineer. Mr. Williams stated they have not gotten to the street lighting at this time but that there was not going to be additional internal lighting other than coach lights on the buildings.
Commissioner Dickmann motioned that the Commission approve the site and building plans for the Dry Creek condominiums at 1910 W. Puetz Road subject to the following conditions:
Commissioner Peterson seconds. Roll call, all voted aye.
Assistant Fire Chief George Krudop pointed out to the developer that the City of Oak Creek has additional fire prevention code requirements that exceed the Wisconsin State Codes and provided him with such.
Mr. Seymour explained to the Commission that Pilgrim Development Group was requesting Plan Commission approval of the final plat for the first phase of the Glen Crossing subdivision at 8360 S. 13th Street. The first phase of the subdivision consists of 32 lots in the Rs-3, Single Family Residential zoning district.
Commission Correll motioned that the Commission recommend to the Common Council that the final plat for the Glen Crossing subdivision at 8360 S. 13th Street be approved.
Commissioner Kopplin seconds. Roll call, Dickmann aye, Jackson aye, Siira aye, Bolender nay, Kopplin aye, Correll aye, Peterson aye. Motion carries.
Mr. Seymour explained to the Commission that the site and building plans for the Gladon Company were approved for this property on April 13th. One of the conditions was that the landscaping plan be approved by the Plan Commission.
Commissioner Kopplin motioned that the Commission approve the landscaping plans for the property at 310 W. Forest Hill Avenue.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Mr. Seymour explained to the Commission that Section 17.090 of the Municipal Code regulates how, and under what circumstances, one may develop an existing lot of record that does not meet the dimensional requirements of the Zoning Code. The revised text provides a legally defensible means of regulating any development activity on these lots.
Commissioner Siira motioned that the Commission recommend to the Common Council that Section 17.0904 be amended as proposed to regulate the ability to develop a substandard lot after a public hearing.
Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Mr. Seymour explained to the Commission on October 21st of last year the Common Council voted to authorize the use of the property at 552 W. Rawson Avenue as the site of a veteran’s memorial.
Commissioner Kopplin motioned that the Commission recommend to the Common Council that the property at 552 W. Rawson Avenue be rezoned from B-4, Highway Business to I-1 Institutional after a public hearing.
Commissioner Peterson seconds. Roll call all voted aye. Motion carries.
Commissioner Kopplin motioned to adjourn. Commission Siira seconds. Roll call, all voted aye. Meeting adjourned at 9:17 p.m.