MINUTES OF THE
TUESDAY, OCTOBER 11, 2005
Mayor Bolender called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner St. John, Commissioner Sokol, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of September 27, 2005 Plan Commission meeting. Commissioner Peterson seconds. Roll call, all voted aye. Minutes were approved as submitted.
Report on Significant Common Council Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the October 4, 2005, Common Council meeting. There were no comments or concerns from the Commissioners
Sign Appeal Hearings
The Roaring Fork, LLC is requesting a variance for the City of Oak Creek Municipal Code Section 17.0706(i), which states that shopping centers and multi-tenant buildings may provide one (1) wall sign or one (1) canopy sign for each business in the building.
Person speaking in favor was Don Nummerdor, Sign Effectz, no one spoke in opposition.
Commissioner Foeckler motioned to grant the request for a sign variance for Roaring Fork LLC, Qdoba Mexican Grill at 8750 S. Howell Avenue.
Commissioner Grabowski seconds. Roll call, Dickmann, aye; St. John, aye; Sokol, aye; Siira, aye; Foeckler, aye; Bolender, nay; Grabowski, aye; Correll, aye; Peterson, aye. Motion carries.
Rezone and Conditional Use – Stramowski Heating Inc.
6508 S. Howell Avenue
Tax Key No.: 719-9985
Mr. Fortin explained to the Commission the applicant was returning from the September 13, 2005 meeting where the Plan Commission held the item until an opinion from the City Attorney could be provided to determine if the proposed use would be allowed in the B-2, Community Business district, which the property is currently zoned. It is the City Attorney’s opinion the proposed use would be allowed as a conditional use in the B-4, Highway Business district.
Mr. Ken Hegerty, 300 E. Jewell Street, questioned why the Commission would rezone this parcel to B-4, the most permissive zoning, and not protect the current residents on Jewell Street as was the case with the rezoning on Howell Avenue at a previous meeting. Mayor Bolender explained the legal opinion given by the City Attorney determined this parcel would need to be B-4 for the Stramowski’s business.
Mr. Hegerty questioned why not B-3 zoning. Mr. Fortin explained the B-3 zoning was for office zoning and would not allow this type of use. The B-4 is being done with a conditional use attached that would help restrict the use of the property. He also noted they would need to have twenty feet of landscape buffer along the residential properties.
Mr. Hegerty commented twenty years ago he stood before the Commission and told them there was hazardous waste oozing out of the property and nothing has ever been done about the problem. He presented the Commission with a water sample from the parcel that leads into the creek in the back of the property. (The water sample was turned over to the Engineering Department for testing and results will be sent to Mr. Stramowski, and Mr. Hegerty and Mr. Beyer.)
Commissioner Sokol questioned where on the property the oozing was occurring. Mr. Hegerty explained it was on the east end of the property and pointed the area out for the Commission on the map. Mr. Hegerty also stated the property contained foundry slag, sidewalks, road bits, drums and hazardous waste. Mayor Bolender questioned why he waited to report this problem. Mr. Hegerty stated he has stood before the Commission in the past and told them of the problem but nothing was done.
Mayor Bolender questioned if there was a site study regarding these issues. Mr. Brian Stramowski, 8540 S. Shepard Avenue, presented a report by Giles Engineering and Associates and a copy was provided to the Engineering Department for their review. He stated the assessment revealed no evidence of recognizable environmental conditions in connection with the subject property except for a limited amount of petroleum impacted soil was recovered on the property during a previous subsurface exploration. The report was dated November 5, 2004.
Mayor Bolender stated regardless of the zoning action the problem would have to be investigated. Mr. Stramowski questioned why if Aldermen where aware of the problem they were not at the previous meeting expressing any concerns with the property.
Commissioner St. John questioned if Mr. Stramowski had the report done or if it was done for a previous buyer. Mr. Stramowski stated it was done by the previous owner (the seller of the property).
Commissioner Sokol questioned if the Stramowski’s closed on the property today.
Commissioner Foeckler commented this was two separate issues. The environmental issues have nothing to do with what type of zoning goes on the property. He did not have an objection but would suggest the building be put to the north side of the property further from the residential homes.
Mr. Jim Beyer, 320 E. Jewel Street, questioned if the property was rezoned to B-4 and the business closed down then what could possibly go on this parcel. Mayor Bolender stated you could not do this on a “what if” basis. Mr. Fortin explained typically it would be governed by the conditional use and the conditional use would follow the property and would help control what uses go with the property.
Mr. Beyer questioned what would happen to the value of the properties in the area with the B-4 zoning on that parcel. Mayor Bolender stated the City Attorney gave them an opinion that this business should be done as B-4. The Stramowskis want to put their business here and that is what is being discussed. The what ifs cannot stop the Stramowski’s from putting their business in if in fact the City Attorney did give this a blessing. He said that it could be done and explained why and has given the Commission a legal opinion on that decision.
Commissioner Grabowski commented in fairness to the Stramowskis they would prefer to go with the B-2 and not the B-4 but the City Attorney has stated it did not meet the criteria for the B-2 zoning. Mr. Beyer stated it was just an opinion from the City Attorney and they did not have to rezone the property to B-4.
Commissioner Sokol questioned if with the B-4 zoning they would be able to subdivide the property. Mr. Fortin explained they did not have the lot width to allow them to do that at this time. The only scenario that would allow that would be to develop and put in a road or combine with the property to the north.
Commissioner Sokol questioned why the Stramowskis closed on the property today without the rezoning in place. Mr. Stramowski explained they closed today because even if the zoning did not work out they would be able to sell the property and not lose any money and if they did not get the rezoning they could sell it and a drive-in could possible go in.
Mr. Beyer questioned if this was a property swap. Someone buys the property to turn around and sell it. Mayor Bolender stated he was misconstruing what was said. Because he said he has the right to buy and sell anything just as anyone else does. Mayor Bolender commented it was not his right to question Mr. Stramowski on what he was going to do with the property. If he wants to buy the property he can do whatever he wants with it as long as it is within the zoning.
Mr. Hegerty felt it would be in the best interest of the Commission and the City to wait until the water sample was tested before the zoning was changed. Mayor Bolender explained the zoning does not have anything to do with pollution. Zoning is one thing and pollution is another. The City would like to see it cleaned up if it turns out to be toxic in any way but the two are not connected at all. Mayor Bolender also commented he would check into the pollution on the property that has been there for twenty years.
Commissioner St. John commented from reading through the report briefly they do state that numerous containers of a variety of petroleum based or unknown products were observed on the property. We recommend that the property owner remove and dispose of the containers of petroleum or unknown products….. There is a degree of warning in the report that something is not quite right on the parcel. This is most likely a DNR problem and not a City of Oak Creek problem. The appropriate referrals will be made once the City gets to the bottom of the problem but they cannot do anything about it besides make the appropriate referrals. To the extent possible they will do an initial screening of the sample and see what comes up. This would be an issue for the owner under the clean up laws of the State.
Mr. Stramowski suggested the City obtain its own sample and not use the sample presented before the Commission.
Commissioner Correll pointed out that if there was a problem with the soil it is separate from the zoning. He also pointed out that there are some businesses allowed in the B-2 zoning that he would not necessarily want as a neighbor. He felt comfortable with the B-4 with a conditional use.
Commissioner Dickmann agreed with the rezoning and suggested the Commission not accept any site or building plans until they know the land is clean.
Commissioner Dickmann motioned the Plan Commission recommend to the Common Council that the property at 6508 S. Howell Avenue be rezoned from B-2, Community Business to B-4, Highway Business and that a conditional use be issued for a contractor’s office and shop with no outside storage, after a public hearing and subject to conditions and restrictions that will be prepared for the commission at the next meeting.
Commissioner Grabowski seconds. Roll call, Dickmann, aye; St. John, aye; Sokol, nay; Siira, aye; Foeckler, aye; Bolender, aye; Grabowski, aye; Correll, aye; Peterson, aye. Motion carries.
Plan Review – McAdams Graphics
7200 S. 1st Street
Tax Key No.: 765-9986
Mr. Fortin explained to the Commission McAdams Graphics was requesting site, building, and landscaping plan approval for a 63,431 square foot addition on the east and south sides of the existing building. The applicant has tried to incorporate similar materials to the existing building and has matched the architecture of the entrance found on the north elevation. The plans will also relocate some of the parking by moving it south on the property.
Mr. Jim French, Jim French and Associates Architects, expressed appreciation for the time received by the Planning and Engineering Departments on this project. Mr. Fortin did a nice job of outlining what the goal of the expansion is. The expansion will go to the east and to the south. Mr. French showed the Commission the materials that would be used on the expansion.
Mayor Bolender questioned if the addition would match the existing business. Mr. French replied it would be precast raked surface panels that will be incorporated along the north, south and the addition along the west. On the east side there will be a smooth face panel of the same color that will give it more stature. There will be a continuous glass sky light that faces Howell Avenue.
Commissioner Foeckler congratulated McAdams on their expansion.
Commissioner Dickmann expressed concern with moving the loading platforms closer to Howell Avenue and the lack of landscaping. He would like the landscaping to block the trucks. Mr. Fortin pointed out the trucks would be relocated to the south.
Mr. French explained to the expansion would be moving the loading facility eighty feet further east however; the McAdams are very good neighbors and it should not be an issue.
Commissioner St. John questioned if there was a landscaping plan. Commissioner Grabowski pointed out the landscaping plan for Commissioner St. John. Mr. Fortin explained the City Forester had been to the site and her comments were given to the Commission this evening.
Commissioner Peterson suggested adding as part of the recommendation a condition that the City Forester and the Commission review the landscaping plan. Mr. Fortin also pointed out that the original landscaping plan was in the staff report.
Commissioner Dickmann questioned the goal of the landscaping plan. Was it to be attractive against the building or to help break up the view of the loading docks?
Mr. French explained they had planned to replace any trees that were removed with the expansion one for one. Mayor Bolender suggested some better trees than box elder. Mr. French promised that would be done. Mr. Fortin suggested wrapping the landscaping around the parking lot to add screening year round from Howell Avenue.
Commissioner St. John motioned that the Plan Commission approve the site and building plans for McAdams Graphics, subject to the following conditions:
1. That the final grading and stormwater management plans are approved by the Engineering Department prior to the issuance of building permits.
2. That the final landscaping plan is reviewed and approved by the City Forester prior to the issuance of building permits.
3. That the final lighting plan is reviewed and approved by the Electrical Inspector prior to the issuance of building permits.
4. That all building and fire codes are met.
5. That a Development Agreement is entered into between the owner and the City to specify the responsibility for and timing of any required public improvements.
Commissioner Grabowski seconds.
Commissioner Dickmann would like the landscaping plan to also be presented before the Plan Commission for their approval. Commissioner St. John explained the landscaping plan was not part of this approval so they would need to return to the Commission for approval of the landscaping plan.
First and second concur. Roll call, all voted aye. Motion carries.
Rezoning – Bluffs of Oak Creek
4201 and 4103 E. Fitzsimmons Road, 4440 E. Oakwood Road, 10250, 10190, and 10150 S. Chicago Road
Tax Key Nos.: 917-9999, 916-9997, 916-9997, 917-9987, 917-9006, & 917-9988-002
Mr. Fortin explained to the Commission the applicant was requesting that the properties at 4103 E. Fitzsimmons Road, 4440 E. Oakwood Road, and 10250, 10190, and 10150 S. Chicago Road be rezoned from A-1, Limited Agricultural to Rs-1, Single Family Residential and that the property at 4201 E. Fitzsimmons Road be rezoned from A-1, Limited Agricultural to Rm-1, Multi-Family Residential. This rezoning is being requested to allow for the development of The Bluffs of Oak Creek subdivision and condominium development. A PUD would allow the City to control the layout by approving a general development plan that the developers must adhere to. A PUD would also give the City control over minimum home sizes and phasing of the development.
Mayor Bolender questioned the amount of time it would take to put a PUD in place. Mr. Fortin explained it would depend on the developer coming forward and meeting the requirements of the PUD ordinance, it could be done in about two to three months. Mayor Bolender questioned if there was a way they could lock the applicant in on lot size and density and quality of home construction without going to a PUD. Mr. Fortin explained with the lot size of the single-family it would be Rs-1 and they could not go any small. In terms of the density of the multi-family, Plan Commission could work with them to reduce the density but they would only be bound by the cap in the Rm-1 ordinance which depending on the amount of bedrooms in the units could be up to 14.5 units per acre.
Mayor Bolender questioned Commissioner St. John if he knew if there was a way to lock them in. Commissioner St. John did not know of a way but they would be dealing with some physical restraints with the property that would lock them in. The multi-family is bordered by the railroad and a wetland which they would need a buffer from. Also, they are going to have to dedicate a whole street in that layout. It is unlikely they can get anywhere near the maximum density given the constraints of the site. One of the concerns for the site was doing the rezoning and only getting the multi-family but with the site they would have to bring the sewer from Oakwood north and that would have them put the road and the single family homes along the way. Unless the Commission would want to negotiate larger homes he does not see the objective of a PUD.
Mr. Fortin stated the key issues were the larger home sizes and the subdivision layout and phasing. The PUD would give the City a little bit more control. Access from the development to the Bender Park can be worked out with the preliminary plat. There is not guarantee that this is the company that is going to come in and develop, they could sell to someone else and they could come in with a whole different plan.
Mr. Steve Bruskiewicz, Mariner Land Corporation, disagrees with staff’s decision not to agree with the rezoning request. They would go on record that they will not come forward with more than 80 multi-family units. The wetlands have been delineated and they will be finishing up the east side of the tracks soon. They plan on doing a preliminary plat for the entire site and then build it in phases. The first phase is the single family and the second phase would be the multi-family. The sanitary sewer will come up from Oakwood and they have met with MMSD and they do have the capacity to serve this project. The have worked out all of the sewer routes and the entire site can be served by gravity except for the northeast corner which will be served by a lift station. This will be the last phase which should be done in four to five years.
Assistant Fire Chief George Krudop pointed out that it would be difficult and he could not foresee how anything could be done east of the tracks in phases do to the fact that the design manual required two points of access. If they wanted to put one house in the area east of the tracks they would exceed the distance and they could not put anything east of the tracks without connecting Fitzsimmons to the south to Oakwood. Mr. Fortin explained they would have to put the road in not necessarily do all of the lot grading.
Mr. Bruskiewicz stated they had a neighborhood meeting and it was his impression the residents were in favor of the project. No one spoke out against the project. They did make comments regarding the roadway and we moved the roadway to the property line and will be improving the road and it will have sewer and water laterals running out to the property lines. They requested that in the development agreement there could be a recapture agreement if the parcels split and subdivide some money would go back to the developer for those improvements.
Mayor Bolender stated the residents of those lots would not have to pay anything at this point and time. Mr. Bruskiewicz confirmed they would not ask for anything unless the lots would be developed. This would give the property owners the opportunity to create an additional lot if they chose to do so.
Mayor Bolender questioned if the homes would be in the $400,000 range. Mr. Bruskiewicz confirmed that was the case. The project would be deed restricted, the two story homes would be a minimum of 2,500 square feet. He would anticipate the average home size being in the 2,900 square feet. The ranch homes would have a minimum of 2,250 square feet.
Commissioner Grabowski questioned how access was gained to the condos. Mr. Bruskiewicz explained they would have private drives off of the public street. The layout was designed so there would be no garages facing the public road.
Commissioner Grabowski questioned if there would be a connection from the condos to the single family homes because of the stormwater detention. Mr. Bruskiewicz explained the zoning required a sidewalk all along the road with the condos.
Commissioner Sokol questioned what would happen with the trains coming through and fire access issues. Commissioner St. John explained that there would be two trains a day and most of those would be engines going to the Butler yards for fueling.
Ms. Linda Sodemann, We Energies, stated the coal trains will not be coming past Elm Road. There will not be any coal trains heading north from the existing Elm Road. Currently there are engines going to Butler for refueling but that will not happen in the future because there will be a continuous loop on the property.
Commissioner Grabowski questioned if they could put some type of landscape screening for the existing property owners. Mr. Bruskiewicz stated it was their intention, they show a 50 foot highway setback and they have met with the DOT on this project and they will be landscaping within the setback line.
Mr. Fortin commented it would be nice to have an entrance feature. Mr. Bruskiewicz stated there would be some type of entrance feature coming into the project. Most likely it would be coming into the main part of the project and not on the corner.
Commissioner St. John disagreed with Mr. Bruskiewicz and felt there was a great potential for change with regards to the stormwater. There would need to be a fifty foot setback from the wetlands. There is currently a 15 - 20 foot setback from the wetlands but they have room to move the buildings if necessary.
Commissioner Grabowski questioned the distance between condos. Mr. Bruskiewicz thought it was about 25 feet minimum and up to 40 feet in some areas.
Commissioner St. John felt they may want a PUD in the multi-family to work with the wetlands.
Mr. Fortin commented if the zoning was approved and they found it would not work they could come back and request a PUD.
Mr. Don Jantzen, 9310 S. 8th Avenue, would not be in favor of anything being built east of the tracks. There was too much wildlife and potential to expand Bender Park. He would be in favor of half acre or larger lots. Commissioner St. John commented that all lots east of the railroad tracks would be half acre lots.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, expressed concern for the metro line coming through this area in the future and having an area for the Oak Creek metro stop. Mayor Bolender stated it would be in the Carrollville area further to the north.
Alderman Toman, 4th District, commented he was only at the meeting in case there may be some objections to the plan and he was not hearing any. The one concern he did have was density and he was happy with the half acre lots.
Commissioner Dickmann motioned the Plan Commission recommend to the Common Council that the property at 4201 E. Fitzsimmons Road be rezoned from A-1, Limited Agricultural to Rm-1, Multi-Family and the properties at 4103 E. Fitzsimmons Road, 4440 E. Oakwood Road, and 10250, 10190, and 10150 S. Chicago Road be rezoned from A-1, Limited Agricultural to Rs-1, Single Family Residential after a public hearing.
Commissioner Sokol seconds. Roll call, all voted aye motion carries.
Stormwater Management Plan Review – We Energies
Multiple Addresses (Elm Road Generating Station Units 1 & 2)
Tax Key No.: Multiple
Mr. Fortin explained to the Commission as part of their conditional use permit for the Elm Road Generating Station Units 1 & 2, We Energies was required to submit their stormwater plan to the City for approval by the Plan Commission. The Engineering Department has reviewed the plans and indicated that the will work.
Commissioner Grabowski motioned the Plan Commission approve the stormwater management plan for We Energies, subject to final review and approval by the Engineering Department.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Commissioner Grabowski motioned to adjourn. Commissioner Siira seconds. Roll call, all voted aye. The meeting adjourned at 8:55 p.m.