MINUTES OF THE
TUESDAY, OCTOBER 25, 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 Foeckler, Mayor Bolender, Commissioner Grabowski, and Commissioner Peterson. Commissioners Siira and Correll were excused. Also present were Jeff Fortin, Planner, Assistant Fire Chief Tom Rosandich, and Doug Schachtner, Parks, Recreation and Forestry Director.
Commissioner Grabowski moved to approve the minutes of October 11, 2005 Plan Commission meeting. Commissioner Dickmann 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 18, 2005, Common Council meetings. There were no comments or concerns from the Commissioners
Plan Review – (parking lot expansion) – Menards and Judy’s Restaurant
6800, 6840 and 6868 S. 27th Street and 6840 S. 26th Street
Tax Key Nos.: 737-9007, 737-9006, 737-9029, and 737-9995
Mr. Fortin explained to the Commission the applicant was returning from the September 27, 2005 meeting where the Plan Commission held the item and directed the applicant to revise the plan to remove some parking and meet the 30 percent green space requirements without using grass pavers. The applicant has revised the plan to include 31.87 percent green space on the Judy’s property and 49.5 percent on the Menards property.
Commissioner Peterson motioned the Plan Commission approve the revised site and landscaping plans for the parking lot addition to Judy’s Restaurant at 6840 and 6868 S. 27th Street subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all vote aye. Motion carries.
Plan Review – City of Oak Creek Parks and Recreation Department Storage Building
800 W. Puetz Road
Tax Key No.: 982-9000-001
Mr. Fortin explained to the Commission the City of Oak Creek Parks and Recreation Department was requesting approval of site and building plans for a cold storage building that would be constructed on the City Streets Department property at 800 W. Puetz Road. The building will be constructed with wood framing and trusses and metal siding.
Commissioner Foeckler expressed concern for approving this item after they required St. Matthews to change their building to comply with the Code. Mayor Bolender explained the building at St. Matthews was visible from the parking lot.
Commissioner Grabowski requested to see material samples. Mr. Doug Schachtner, Director Parks, Recreation and Forestry presented the Commission with samples of the metal siding that would be used on the building. Mr. Bill Schaper, Street Superintendent, explained the building would not be visible to the public eye.
Assistant Fire Chief Tom Rosandich explained to the Commission the building would have a dry sprinkler system which meant the pipes would not have water in the pipes at all times. The Fire Department would supply the water in the pipes to a connection at the outside of the building.
Commissioner St. John suggested adding a condition that would have the building looked at again when any additional buildings went on the site.
Commissioner Foeckler suggested being sensitive to future homes in the area. Commissioner St. John felt the next buildings to be added on the site would be more critical than this particular building.
Commissioner Dickmann motioned the Plan Commission approve the site and building plans for the proposed storage building subject to the following conditions:
Commissioner Sokol seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Greg Bredin (DBI)
1225 W. Anderson Court & 6758 S. 13th Street
Tax Key Nos.: 735-0007 & 735-9015
Mr. Fortin explained to the Commission the applicant was requesting a certified survey map that would join the outlot at 1225 W. Anderson Court and the property at 6758 S. 13th Street to form a 2.42 acre parcel. This is being done to accommodate a new multi-tenant building that was approved for this property at the September 13, 2005 Plan Commission meeting. Newly created parcels in the M-1, Manufacturing zoning district require a minimum of 43,560 square feet and 200 feet of lot width. This lot exceeds those requirements.
Commissioner St. John motioned the Plan Commission recommend to the Common Council that the certified survey map for the properties at 1225 W. Anderson Court and 6758 S. 13th Street be approved subject to any technical corrections being made prior to recording.
Commissioner Grabowski seconds.
Mayor Bolender questioned if they would like to be on the Thursday Common Council agenda. Mr. Greg Bredin, DBI, stated they would love that. Mayor Bolender told them they would be item number two on the agenda.
Roll call, all voted aye. Motion carries.
Certified Survey Map – Riteway Bus Service
7433 S. 10th Street & 7470 S. 13th Street
Tax Key Nos.: 764-9008-001 & 764-9012
Mr. Fortin explained to the Commission the applicant was requesting a certified survey map that would join the properties at 7433 S. 10th Street and 7470 S. 13th Street. This is being done to accommodate the employee parking lot expansion for Riteway Bus Service. The newly created parcel will be 5.80 acres. Newly created parcels in the M-1, Manufacturing zoning district require a minimum of 43,560 square feet and 200 feet of lot width. This lot exceeds those requirements.
Commissioner Peterson motioned the Plan Commission recommend to the Common Council that the certified survey map for the properties at 7433 W. 10th Street and 7470 S. 13th Street be approved subject to any technical corrections being made prior to recording, including placing a 15-foot watermain easement along S. 10th Street.
Commissioner Dickmann seconds. Roll call, Dickmann, aye; St. John, aye; Sokol, nay; Foeckler, nay; Bolender, aye; Grabowski, nay; Peterson, aye. Motion carries.
Certified Survey Map – Janet Leonardelli
808 E. Fitzsimmons Road
Tax Key No.: 908-9006
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would create two parcels in the Rs-3, Single Family Residential zoning district. Lots in the Rs-3, Single Family Residential zoning require a minimum lot width of 80 feet and 12,000 square feet in lot area. Each of these lots would meet or exceed those requirements.
Commissioner Grabowski questioned where the access for the new homes would be. Mr. Fortin stated it would come off of Fitzsimmons Road.
Mayor Bolender questioned if the barn would be knocked down. Mr. Fortin explained there would be a note on the CSM that the barn would be razed.
Mr. Tim Leonardelli stated they removed the barn last week and also confirmed access would be from Fitzsimmons Road.
Commissioner Peterson motioned the Plan Commission recommend to the Common Council that the certified survey map for the property at 808 E. Fitzsimmons Road be approved, subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Plan Review – St. Mary’s and St. Antonious Coptic Orthodox Church
1521 W. Drexel Avenue
Tax Key No.: 811-9998
Mr. Fortin explained to the Commission at the August 12, 2003, meeting, the Plan Commission approved site, building, and landscaping plans for St. Mary and St. Antonious Coptic Church. The church is currently under construction and the applicants are requesting a revision to the originally approved site plan to allow for additional parking for church visitors.
Mayor Bolender questioned if the storm sewer was figured into this project. Commissioner St. John stated it was and the existing pond would accommodate additional parking.
Commissioner Grabowski questioned if the site needed its own fire hydrants. Assistant Fire Chief Tom Rosandich explained that it did and they were in the original site plan.
Commissioner Sokol questioned if there were plans to have an intersection at this area for I-94. Mr. Bob Anderson, DOT, explained at this time they were committed to study the location but there was no commitment to construct an interchange at this time.
Commissioner Dickmann motioned the Plan Commission approve the revised site and landscaping plans for the parking lot to St. Mary’s and St. Antonious Coptic Orthodox Church at 1521 W. Drexel Avenue subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Plan Review – AutoZone
311 E. Puetz Road
Tax Key No.: 860-9012
Mr. Fortin explained to the Commission that AutoZone was requesting site, building, and landscaping plan review and approval for a new store proposed at 311 E. Puetz Road. The proposed building would be 6786 square feet in area. The building will primarily be constructed of brick with architectural block base around the perimeter and an EIFS cornice.
Commissioner Grabowski questioned the location of the dumpster. Mr. Fortin showed the Commission the location of the dumpster that would be brick enclosed with wood gates.
Mr. John Ackeret, St. Luke’s Aurora Health Care, objected to the proposed AutoZone across from a professional medical building. It would be detrimental to the function of their building. Commissioner St. John questioned if Aurora was willing to build another professional building on this site. Mr. Ackeret stated they were not prepared to do that at this time.
Commissioner Grabowski questioned the amount of screening on the east elevation. Mr. Fortin explained there would be significant landscape screening. There would be larger trees and smaller shrubbery in addition to working with AutoZone to ensure the elevation is not just a blank wall. It will have four sided architecture on the building. In terms of the use of the property it is zoned for this type of a retail use.
Commissioner Grabowski asked about the possibility of doing a berm on the east elevation. Commissioner St. John felt a berm would create a water problem.
Mr. Gary Kaufman, NDC, explained they would be ground leasing the site to AutoZone. There would be a shared driveway if the other parcel is developed. Commissioner St. John suggested rather than moving the landscaping carrying the theme down to create a visual barrier to create a screen for Aurora. Mr. Kaufman would be happy to add that to the landscaping. Mr. Kaufman explained they intended on planting the same tree line that is going behind the AutoZone building so the trees mature at the same rate.
Mr. Ackeret also expressed concern for the signage and delivery trucks. Mr. Fortin explained it would be a monument sign, eight feet high, with brick. It would not be the typical large pole sign. There would also be a sign facing Puetz Road and a sign facing to the west.
Commissioner Foeckler stated he had serious reservations regarding the use of the site. Auto Zone seems more like a Howell Avenue business than a Puetz Road business.
Commissioner Dickmann expressed concern for the parking on Mayhew Drive that comes from the high school. Commissioner Grabowski commented it has been the topic of discussion to not have parking in that area.
Mr. Kaufman stated they had attended many meetings with staff working on the aesthetics on the building and commended staff for their time and efforts. The land has been undeveloped for about ten years and we think this is a good use and a very attractive building.
Commissioner Grabowski stated she was under the assumption that a large percentage of the building would be brick. Mr. Kaufman confirmed that was the case.
Mr. Mike Bane, Vice President of Operations, Lake Shore, commented that Aurora may not build on this site, but they have doubled in size and are looking at doubling that. Allowing the AutoZone would obstruct the view of the Aurora building and at the very least some consideration should be given to repositioning the building. Commissioner St. John commented the building meets the setbacks for the zoning district at it would be difficult to insist that AutoZone reposition their building to make Aurora more visible.
Mayor Bolender commented he would not give preferential treatment to one business over the other. Mr. Bane stated this was the time to take into consideration the location of the building not when they start putting the building up.
Commissioner Sokol questioned what other if any invitations to build on the site they have received. Mr. Kaufman stated they have been approached fifty to sixty different times but there was nothing that they were interested in or that would fit in the City.
Commissioner Grabowski questioned if this was the best use for the land and was not sure if this was the best use for the land. The zoning does mandate what goes on the site. Mr. Kaufman stated the zoning does permit an AutoZone.
Ms. Jackie Taylor, 8375 S. Howell Avenue, expressed concern for the kids from the school hanging out at the building. Mayor Bolender commented the high school students do not dictate what type of businesses can go on the parcel. The City has police to take care of any situations that may arise with high school students.
Commissioner St. John expressed concern for the traffic engineering on the site. Mr. Kaufman explained they used the drawing that they received from staff. They would be willing to modify the layout to address the concerns of the City.
Commissioner Foeckler commented he had not seen a proposal for this site in the past. Mr. Kaufman stated they have never brought anything to the board because they never found anything that they liked or staff liked.
Commissioner Foeckler commented it was a great looking building but thought the use should be changed. Mr. Kaufman did not want to change the use and felt the comments were uncalled for. Commissioner Foeckler felt the use was not appropriate that far off of Howell Avenue and did not think the use fit the site.
Commissioner Grabowski was adamant that there be more than sufficient landscaping. Mr. Kaufman stated he has spoke with Rebecca Lane and she has given them some improvements.
Commissioner Dickmann commented he felt the business would be more successful on Howell Avenue but if they feel they can make it there and if it does meet all of the zoning requirements from a legal standpoint they have no choice but to allow them to build in this location.
Commissioner Peterson agreed and the Commission was charged with enforcing the ordinances. This is zoned B-4 and this is a permitted use in B-4. If the Commission wants it to be different the property owner would have to petition to have the zoning changed. At this time it is a permitted use and the Commission should conform to that.
Mr. Fortin commented the City Forester commented this was one of the better landscaping plans she has seen. It is a permitted use and staff has worked with the applicant to get the best building possible for this use.
Commissioner Sokol questioned what uses were shot down by the staff for this site. Mr. Fortin stated since his time with the City there has not been a proposal on this site and he has only been with the City for a year.
Commissioner Sokol stated he felt it was a good use for the grocery store and the other businesses but did not feel it was a good use for the high school and the setting that was trying to be created for that atmosphere. Mr. Kaufman responded they were not trying to build a building that would be good for the high school. The Pick n’ Save is very successful without a building there at this time.
Commissioner St. John commented everyone would like to see a synergy in this intersection and AutoZone does not bring a synergy. It is a business and it is permitted. The building and layout could not be made much better.
Mr. Fortin stated this was a permitted use and the use was not being discussed at this time. The site, building and landscaping plans were up for discussion at this time.
Mayor Bolender stated he wanted the Aurora building to be looking at more trees than buildings. Mr. Kaufman felt the neighbors would like the building and feel they were good neighbors once the building and landscaping goes up.
Commissioner Sokol stated he did not agree with Mr. Fortin’s viewpoint that it was inappropriate to look at the use. The Plan Commission has to look at the use. Mr. Fortin stated they could look at the use but if the building was existing they would not even have to come before the Commission because it is a permitted use. If the B-4 use is not appropriate for this site then the City should have reconsidered that zoning and had it rezoned.
There was discussion on whether or not this item should be referred to the City Attorney for review. In the end Mr. Kaufman requested a vote be taken at this time.
Mr. Woppert, 2423 W. Sycamore Avenue, commented parts stores come and go and the auto parts store is following the code. The business may only be here two years and the anchors are the ones you need to stay.
Commissioner Dickmann motioned the Plan Commission approve the site, building and landscaping plans for Auto Zone, 311 E. Puetz Road, subject to the following conditions:
Commissioner Peterson seconds and adds additional conditions:
First and second concur.
Roll call, Dickmann, aye; St. John, aye; Sokol, abstain; Foeckler, nay; Bolender, aye; Grabowski, aye; Peterson, aye. Motion carries.
Zoning Text Amendment – Drive through and drive-in facilities in the B-4, Highway Business District.
Mr. Fortin explained this change to the zoning text would make drive-through and drive-in facilities a conditional use in all zoning districts.
Commissioner Grabowski motioned the Plan Commission recommend to the Common Council that the approve the amendment to Section 17.0315 of the City of Oak Creek Zoning Ordinance making drive-in and drive-through facilities a conditional use in the B-4, Highway Business District.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
South 27th Street Access Management Plan
Mr. Fortin explained to the Commission representative from the State of Wisconsin Department of Transportation and Short Elliot Hendrickson consultants were the Plan Commission and Common Council review and adopt the 27th Street Access Management Plan.
Commissioner Peterson questioned if staff thoroughly reviewed the plan and were comfortable with the plan. Mr. Fortin stated there were internal discussions and there were concerns that a plan like this may tie the City’s hands with future access when new development comes in or would there be a chance to make minor revisions to the plan to accommodate new development.
Commissioner Sokol questioned the meaning of the ½ mile on the table meant. Ms. Viva Schaefer, DOT Project Manager, explained they did a model of 27th Street from College Avenue all the way down to the County Line. ½ mile is a general guideline that they would like to use to put potential signals. The modeling shows that if a very good spacing to keep traffic progression through out the entire corridor. It does not mean they cannot put signals in shorter spacings but they do not want them at 900 – 1000 feet apart.
Commissioner Sokol questioned the reasoning behind the ½ mile. Ms. Schaefer explained the ½ mile was a starting point for potential signals. If there was a need for more density they could be looked at and possibly be put at ¼ mile. They are not traffic engineers but there are guidelines that state you can’t have more than seven signals within a mile or progression would fail.
Commissioner Sokol questioned if they agreed to ½ mile would there be something they would have to show or persuade the DOT to change to ¼ or is it the City’s control as to what gets done at that location. Ms. Schaefer explained they would have to be in agreement to signal locations on the roadway.
Commissioner Grabowski questioned if the DOT would be flexible in relocating driveways or consolidating as land use changes. Mr. Anderson explained it was meant to be a guideline for all three.
Mayor Bolender questioned how much Oak Creek would have to do with the flexibility. They would like to have as much input as Franklin and Northwestern in regards to what goes where and how. Mr. Anderson stated they do have that input and they were both involved in the land use overlay study. Franklin is a step ahead in presenting the plan to Council but we envision the land use in this plan as the same land use overlay that is shown in Oak Creek’s plan.
Mayor Bolender questioned if Commissioner St. John had any comments on the plan. Commissioner St. John commented if he was sure this was a plan that would be looked at flexibly by the DOT he would support the plan. The problem he has is over the last four years with the DOT he does not want to get hit over his head with this plan. They say ½ mile is the goal but yet this year Riverwood signal was approved north of Rawson which is not even a ¼ mile. The question would be how do we ensure that the flexibility isn’t lost under this plan. Mr. Anderson commented during the plan development of Riverwood there was discussion of frontage roads or access up from some of the Oak Creek developments to the eastern extension of Riverwood and Oak Creek was involved in those discussions. It is somewhat flexible because there is a signal at 1000 feet.
Commissioner St. John wanted the same consideration of change that a developer gets when he hires the right lobbyists or elected officials. Mr. Anderson stated they don’t view one side of the street any different than they do the other side of the street. A development is geared towards its size and its impact. It doesn’t really matter if it is in Oak Creek or in Franklin.
Mayor Bolender asked if they could get some assurances that Oak Creek will have some voice. Oak Creek feels like it is getting left out of the game and we need assurances. Mr. Anderson was not sure what the written thing would be.
Commissioner St. John did not know what it would be either but he did not want all of the power to control to be sitting at the State. Ms. Schaefer explained this would be a guideline for everyone involved that when a developer comes you can look at it and everyone has the same vision. The goal is to reduce the access. The City has more control than the DOT because of the side streets. The DOT has the right to take a look at the driveways that are on 27th Street only.
Commissioner St. John stated that was the crux of the rub. You tell us we have the control and we may very well have that control now but by signing on to this do we just give the control over to the DOT. Ms. Schaefer stated no, this was just a guideline. Commissioner St. John questioned if they would get hit over the head with the guidelines when they ask for a variance. Ms. Schaefer stated some issues would go political and that was out of everyone’s hand and there is nothing you could do. It is just meant as a guideline.
Ms.Schaefer explained because they are working between two communities it could go out in front and say this is what the DOT would like because we feel that a ½ mile progression would work for the middle of the highway. That would just be a heads up that when developers come in you should gear them towards where the potential signal spacings are. That is the only intent of laying that out so both sides could gear large scale development where potential signal locations would be.
In regards to Riverwood when it first came about the DOT did not agree with the signal location. All three communities were involved with that discussion. Commissioner St. John expressed concern for the implementation of the plan.
Commissioner Peterson expressed concern for the fact it was called a plan. If it was just a guideline is should be called a guideline. She also questioned if the guideline and the 27th Street Plan were acceptable. Mr. Fortin explained the DOT has tried to work with the 27th Street Plan that was done for Oak Creek. Some of the recommendations may alter some of the connections that were proposed in the 27th Street Plan. In terms of implementation of the plan if the City doesn’t adopt it the DOT may still do what they want even without adopting the plan. It is just a matter of getting something from the DOT that they are not going to hold the City to exactly everything that is mentioned in the plan. Mr. Schaefer stated the only differences in the DOT plan and the Schreiber Anderson plan is where they called for specific changes on highway 241. That is a State Trunk highway and the DOT has standards to maintain. Schreiber Anderson had possible landscaping within the median and that cannot be done. The reason there are differences is because when they called for things that they really shouldn’t have called for or for potential signal locations. The side road connections should be from our plan because the DOT has coordinated between both municipalities.
Commissioner Peterson expressed concern again that this was only to be a guideline and who would remember that after a vote was taken and there was not the same understanding. Ms. Schaefer explained they have had public meetings and they are doing the best to make sure everyone has the same understanding. The Cities meet with the developer first and then they meet with the DOT and the DOT suggests the City comes with them so everyone is on the same page.
Commissioner Grabowski commented the narration from the Planning Department was minimal at best. She wanted to know if the Planning Department was comfortable with the plan. Also, she questioned if the local circulation routes were conceptual rather than specific locations. Ms. Schaefer confirmed that was the case. The most important part of that would be where the road terminates at 27th Street. They would like the side roads from Franklin to line up with the side roads from Oak Creek. Then it would be easier to determine median openings.
Commissioner Sokol questioned the reasoning behind asking the Plan Commission to endorse the plan. Mr. Anderson stated they felt the corridor would be much better served if there were three people working towards a similar goal. Commissioner Sokol questioned what statutory basis for asking the Plan Commission to endorse the plan. Mr. Anderson stated it was not a statute. The reason for doing this is the DOT cannot do this by themselves. They need to work with all parties and they are not enforcing it on a based on a statute. This is a plan or a guideline that counts on a good faith effort of all three parties involved to be implemented. They could not force the City to do any of this.
Commissioner Sokol noted for the record the Wisconsin State Statutes Chapter 349 Vehicles, Powers of State and Local Authorities. There are all kinds of rules and regulations on this general topic. Mr. Anderson explained the DOT has the ability to oversee permits on highway 241. If in the future the DOT would buy land or access rights they would own those otherwise the only authority they have on 241 is a permit authority to grant authority to work on a right-of-way.
Mr. Chuck Wade, Consultant, explained the goal of the communities adopting the plan, Wisconsin Statute Section 62.23 2 & 3, those statutes say basically the cities have the authority to adopt master planning and the authority to adopt a plan. The communities by adopting the plan would basically a commitment that it is an agreement that WisDOT signs that they agree that we agree on it. The City of Oak Creek agrees that they agree with it as a guide. It is not saying that the City is getting any statutory authority given to the City. By adopting the plan everybody agrees to the plan and can’t come back later and say then never saw the plan or agreed to the plan. It is just a planning document and is not regulatory it is a guideline.
Commissioner Sokol questioned where in the section it said guideline. Ms. Schaefer stated she did not have the statute in front of her but she was hearing that the document needed to be revised to include guideline where ever applicable. They will make it clearer that it is a guideline with the intent to follow the plan.
Commissioner Dickmann commented there was a concern regarding Oak Creek’s roll in the plan.
Commissioner Foeckler commented this was a good plan that the three bodies of government needed to work together and adopt. He did not want 27th Street to turn into a Bluemound. Any motion that this body would make would include some type of asterisk saying specifically stated in the minutes or specifically an asterisk where whoever is signing it says this is being adopted with the understanding that this is a guideline. If this plan is looked out to go to 2030 most of the Commission will not be sitting here in 20 years and future officials should not be told that the City signed off on the plan and said it was okay.
Assistant Fire Chief Tom Rosandich questioned if 27th Street was potentially an evacuation route from the City of Milwaukee and what impact that would have on the whole project and whether or not the DOT has even looked at that situation. Ms. Schaefer stated the Department has looked at incident management for the 94 corridor.
Mayor Bolender directed the item held.
Commissioner Grabowski motioned to adjourn. Commissioner Peterson seconds. Roll call, all voted aye. The meeting adjourned at 9:10 p.m.