MINUTES OF THE
TUESDAY, JUNE 8, 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, Mayor Bolender, Commission Kopplin and Commissioner Correll. Commissioner Peterson was excused. Also present were Director of Community Development Douglas Seymour and Assistant Fire Chief George Krudop.
Commissioner Foeckler motioned to approve the minutes of the May 25, 2004, Plan Commission meeting. Commissioner Siira seconds. Commissioner Kopplin requested that additions be made to the Official Map Amendment for the SE 28 indicating that a recommendation was made that both lawyers get together for mediation and that additions be made to the Willow Creek item indicating that a study was done on the Crayfish Creek during Mayor Bastian’s term Commissioner Foeckler withdrew his motion, second concurs. Commissioner Kopplin motioned to approve the minutes of the May 25, 2004, Plan Commission meeting with changes. Commissioner Foeckler seconds. Roll call, all voted aye. Motion carries.
Mr. Seymour updated the Commissioners on the actions that were taken at the June 1, 2004, Common Council meeting.
No comments or concerns from the Commission.
Mr. Seymour explained to the Commission that CenterPoint Properties was requesting that the property at 7366 S. 1st Street be granted a conditional use permit of the storage of vehicles and equipment. They are proposing this conditional use permit in conjunction with a related deal they are working on with an out of state business to locate in the former McLane Foods facility at 7475 S. 6th Street.
Commissioner Dickmann expressed concern for the daycare located next to the proposed property. Trent Pool, CenterPoint Properties, explained that the site has a natural buffer and they do plan to leave the trees and there will be screening around the entire site.
Mr. Seymour questioned the number of vehicles that would be on the site. Mr. Pool stated there would be approximately 60 – 70 trailers as this would be a staging lot.
Commissioner Kopplin questioned if the site was large enough for the amount of proposed trailers. Mr. Tom Philbin, CenterPoint Properties, explained that the calculations say that it would be more than sufficient.
Commissioner Foeckler questioned the amount of asphalt on the site. Mr. Pool stated they would be putting as much asphalt as the code allows.
Commissioner Kopplin questioned if this was the property that was to have a proposed silo. Mr. Pool confirmed that it was and it would be a 35 foot silo and the tractor and trailers on the site.
Commissioner Kopplin questioned if the trailers would be stored or if they would be moving in and out at all times. Mr. Pool confirmed that the trailers would be moving in and out and hopefully not just be stored on the site.
Commissioner Kopplin questioned if the trailers would sitting on the site for long periods of time. Mr. Pool explained that they were applying for the ability to store the trailers on the site but there would be a two shift operation moving trailers in and off of the site.
Assistant Fire Chief George Krudop questioned if the trailers would be empty or stored with product in them. Mr. Pool stated it would be a mix of both. Assistant Fire Chief George Krudop questioned the type of product being stored. Mr. Pool stated it was a corrugated packaging material.
Commissioner Foeckler questioned the type of fence that was being proposed. Mr. Pool explained that they would put up the type of fence that the Common Council would like to see.
Commissioner Foeckler expressed concern for the aesthetics of the site with asphalt but recognizes the value of getting someone into McLane and is willing to compromise as long as the site is screened and the children are protected.
Commissioner Dickmann questioned if the applicants had reviewed the conditions and restrictions and if they were satisfied with them. Mr. Pool stated they had reviewed them and that they were satisfied and have spoke with National Survey about the work that needs to be done.
Commissioner Kopplin questioned if the nine foot parking applied to the trailers. Mr. Seymour explained that would be for public parking which he believed there would not be any of. Commissioner Kopplin then questioned the hours of operation. Mr. Pool stated that in theory it would be two shifts, five days a week.
Commissioner Kopplin wanted to add in 10b: as a conditional use. Mr. Seymour explained that they entire document was a conditional use and it did not need to be added.
Commissioner Kopplin questioned if the landscaping was coming back before the Commission. Mr. Seymour stated it would come back to the Commission.
Mr. Karfonta, Learning Edge Day Care, questioned the amount of traffic and the noise level. Mr. Philbin could not answer that question but stated he would get the information to Mr. Karfonta directly.
Commissioner Foeckler suggested that CenterPoint try to work with the neighbors so that when kids are traditionally dropped off or picked up there is an effort not to be running the trucks as a good neighbor policy.
Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that a conditional use permit for storage of vehicles and equipment be authorized for the property at 7366 S. 1st Street after a public hearing and subject to the attached conditions and restrictions.
Commissioner Marhal seconds. Roll call, all voted aye.
Mr. Seymour explained to the Commission that the Black Diamond Group was requesting that portions of the properties at 6925 and 6965 S. 6th Street be granted a conditional use permit for the storage of vehicles and equipment. At their last meeting, the Plan Commission recommended approval of their conditional use permit.
Ms. Debbie Teglia, Black Diamond Group, commented that there was an issue with the condition being applied to the property at 124 E. Rawson. Black Diamond does not own that property and cannot control the use at a property they do not own. Mr. Seymour explained that it does because they are a legal nonconforming use at this time and the only way that the use disappears is if it is vacated for a period of twelve months or more. In the twelve month interim between when Black Diamond vacates and the legal nonconforming use expires if an exact same use came in it could operate without much say from the City and that is what that condition is trying to avoid.
Commissioner Foeckler questioned if they could legally tie that in with the conditional use. Mr. Seymour explained that with the conditional use permit the City could express what it feels is the most appropriate situation. If the Commission would like he could consult with the City Attorney on the condition.
Commissioner Kopplin questioned the number of equipment and vehicles that were stored by Black Diamond because that would be the number that any future company could have at the current site.
Ms. Teglia questioned the stages of development clause and what it would mean for them. Mr. Seymour explained that each time they wanted a new building they would have to bring it before the Plan Commission for approval. Ms. Teglia questioned if the conditions for the entire parcel of land would be the same and if only the architectural plans would need approval each time. Mr. Seymour explained that would be up to the Commission and Common Council whether or not they feel that they are willing to approve the storage of vehicles and equipment for the entire property knowing that Black Diamond is only occupying a third of the property. Ms. Teglia explained it was their intent to attract similar types of businesses such as contractors that need to store equipment at the site.
Commissioner Jackson suggested that the stormwater detention area be determined first and then they determine building locations after that point.
Mr. Seymour made the Commission aware that the proposal was for a gravel storage area. The conditions and restrictions call for asphalt or concrete unless otherwise approved by the Plan Commission. Ms. Teglia stated they are proposing to have 70 feet of hard surface and the rest to be a gravel surface. She noted several other businesses within the area with gravel parking surfaces.
Mr. Joseph Teglia, Black Diamond, stated that some of the outdoor storage would be product and components that were part of the process such as drain tile and other supplies for the product.
Commissioner Dickmann suggested removing item 8d because it was not applicable to the property that was being purchased not the property that is currently being used. Commissioner Correll suggested adding something to determine when they have vacated the current property. Mayor Bolender suggested that they notify the City when they have vacated the property entirely.
Commissioner Dickmann motioned that the Commission recommend to the Common Council that the attached conditions and restrictions be included as part of any conditional use permit authorized for the property at 6925 and 6965 S. 6th Street after a public hearing subject to the attached conditions and restrictions with the following changes:
Item 8c: Outdoor storage shall be limited to the Black Diamond vehicles and equipment and supplies. Should a portion of the property be sold or leased Black Diamond will be required to come before the Plan Commission for approval of the use on that portion of the property for a conditional use permit.
Item 8d: Request that Black Diamond notifies the City of Oak Creek when they officially start utilizing the new property.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Commissioner Foeckler moves to adjourn. Commissioner Kopplin seconds. Roll call, all voted aye. The meeting adjourned at 7:59p.m.