MINUTES OF THE
TUESDAY, NOVEMBER 22, 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 November 8, 2005 Plan Commission meeting. Commissioner Peterson seconds. Roll call, all voted aye with the exception of Commissioner Dickmann who abstained. 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 November 15, 2005, Common Council meetings. There were no comments or concerns from the Commissioners.
Mr. Fortin reminded the Commission of the procedures for sign appeals.
Sign Appeal Hearing - Howell Oak Retail Center
8201 S. Howell Avenue
Tax Key No.: 813-9009-004
Commissioner Dickmann motioned to grant the request for a sign variance for Demco Wisconsin 1, LLC at 8201 S. Howell Avenue.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Sign Review – Willowbrook Subdivision
3931 E. Oakwood Road
Tax Key No.: 961-9123
Mr. Fortin explained to the Commission the applicant was requesting approval of a residential development sign for the Willowbrook Subdivision. The sign will be placed at the intersection of S. Monardy Lane and E. Oakwood Road. The sign will be constructed of stone with metallic lettering.
Commissioner St. John motioned that the Plan Commission approve the sign for the Willowbrook Subdivision as submitted.
Commissioner Grabowski seconds. Roll call, all voted aye.
Plan Review – Otto Satula
400 E. Oak Street
Tax Key No.: 719-9982
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building, and landscaping plans for a 10,357 square foot building that will have space for two light manufacturing or related use tenants. The building will be constructed of decorative concrete masonry unit blocks. There will be glass towers at each end of the front façade. The entrance at the center of the building will also be glass with a canopy.
Mr. Bob Zandi, Biehn Construction Inc., expressed concern for adding additional awnings to the building. He felt the towers on both sides and the awnings that were already in place were sufficient, additional awnings would detract from the accents on the corners and over the front entrance way.
Commissioner St. John questioned the material colors. Mr. Zandi stated it would be all decorative concrete block, a combination of split face block and center scored block that would all be painted.
Commissioner St. John questioned the need for the additional canopies. Mr. Fortin explained it was not a code requirement but an aesthetics issue. In review it was felt it would break up the walls a little and add some detail to the center.
Commissioner Siira questioned the use of the tower areas. Mr. Zandi explained they would be office space, perhaps conference rooms.
Mayor Bolender questioned if the stormwater issue had been addressed. Mr. Fortin explained they were adding less than ½ acre of impervious service and stormwater was not required. If additional paved area was added stormwater would need to be addressed.
Commissioner Grabowski questioned if a CSM was going to be done at this time or in the future. Mr. Zandi stated a division of the parcel was not being done at this time. Commissioner Grabowski informed Mr. Zandi if a land split was to be done in the future it would require the extension of public sewer to the east. Mr. Zandi was aware of that requirement.
Commissioner Grabowski expressed concern for this being a new building and the applicant meeting the old requirements. Mr. Fortin explained they were meeting the new requirements. Commissioner Grabowski questioned why the applicant was not being required to extend the sewer to the furthest point of his property to service the next person. Mr. Fortin explained it was all being serviced from the same property and if there was a split then the sewer would need to be extended because it can not run sewer lateral through a separate parcel.
Commissioner St. John stated the applicant owns everything east of the building up to the County ownership.
Mayor Bolender questioned where all the water would be going from the entire parcel and if the issue had been addressed. Commissioner St. John stated the water goes to the east. He also stated it was clear the building was designed to fit within the allowable impervious surface. Mayor Bolender felt he was cutting it very close at this point. Commissioner Grabowski questioned if that issue should be addressed at this time. Commissioner St. John commented the approval would be for an area under the ½ acre requirement.
Mayor Bolender questioned if there would be any properties to the east that would be adversely affected by the stormwater runoff. Commissioner St. John felt the stormwater would not adversely affect anyone. There is a concern for semi traffic on this site and the turn around area provided. Mr. Zandi stated it was designed for semis to get in back up and then pull out.
Commissioner Grabowski stated it was her understanding there would not be any outside storage of materials. Mr. Zandi stated that was the case.
Commissioner Siira commented he did not feet there would be a problem getting a semi in to the site but if there was a car parked in the way it may be a problem. Mr. Zandi explained the semi trucks would use the dock on the far north and the other one was for at grade shipping of smaller trucks. It would allow for both at grade off loading and dock off loading of vehicles.
Commissioner St. John questioned if the cross hatched area was going to be green space of parking lot. Mr. Zandi stated it would be paved.
Commissioner Grabowski asked for clarification on the concern Commissioner St. John had regarding the traffic ingress and egress from the Assistant Fire Chief. Commissioner St. John stated the concern he had was with backing down into the dock area and the Fire Department would not have to do that. Assistant Fire Chief, George Krudop stated the applicant did speak with the Fire Department and they are very close to the distance to require the turn around cul de sac with the widths being wider at the access road at the fire hydrant he added an additional fire hydrant for this building at the turn around location to provide the extra width. He is right at the edge but within code allowances.
Alderwoman Lampe questioned where the snow was going to be placed from the site. Mr. Zandi explained the snow would be pushed right off the end of the back side.
Commissioner Grabowski commented there was a difference between ample and sufficient and expressed concern for there being enough radius for movement activity on the site. Commissioner St. John explained that getting in was not going to be a problem but getting out could be a little problematic depending on who rented the building and what they were going to be doing at the site.
Commissioner St. John commented that it has been the past practice of the Commission to require any existing graveled areas to be paved over the improvements to the site. Mr. Biehn explained that as part of this approval and project it was their intention to either pave over any gravel areas or put in grass in those areas. All gravel areas will be eliminated.
Commissioner Siira suggested screening the electric and gas meters with landscaping. Mr. Biehn stated it would not be a problem to screen the meters from view with landscaping. Commissioner Siira questioned what type of materials would be used to screen the rooftop mechanicals. Mr. Biehn explained from the street and the parking lot you would not be able to see the top of the units because the parapets screen the mechanicals. If it was determined that they need to be screened it would be a metal panel similar to that used on the pitched roofs.
Commissioner St. John questioned the color palette. Mr. Biehn stated it would be a combination of a buff or a tan color and a rust color. The rust color would be the accent on the roofs and accent banding and accents at the windows.
Mr. Frank Petelinsek, 611 E. Oak Street, expressed several concerns with the site plan and stormwater management. Mr. Biehn addressed the concerns.
Mayor Bolender questioned where the water from the site went. Commissioner St. John explained the route and that he did not believe it would adversely affect any neighbors.
Mr. Petelinsek expressed concern for the increase in the flow of water to the culverts. Mr. Zandi explained the City sets the size of the culvert.
Commissioner Grabowski commented the site and building were very cleverly crafted so that the maximum potential usage was available for the property. The concern is if the marker is being met barely why not address the split at this time. Mr. Zandi explained the CSM at this time would hinder starting the project yet this year and would require extending the water and sewer to the end of the property. They are not ready at this time to apply for a CSM.
Alderwoman Lampe questioned the impervious surface and the gravel area and how that whole equation worked. Commissioner St. John explained the way the impervious surface was figured.
Mayor Bolender suggested a CSM to take care of the stormwater issue at this point in time. Mr. Fortin explained that he was limited to one half acre and anything additional would require stormwater. If he was to add additional impervious surface in the future it would require stormwater management. If the applicant removes some impervious gravel area he would be allowed to add additional impervious surface where needed.
Commissioner Peterson questioned if the emergency access door would need a slab. Commissioner St. John felt if it was not an occupied space it did not need a slab.
Commissioner Grabowski stated this was cleverly crafted to meet the criteria that fall under the guidelines for the City but the mechanism that would be triggered for the future and we assume that there will be future development for the lands to the east. At that point stormwater and the public extensions of sewer and water would need to be extended. Mr. Zandi confirmed that was the case. Commissioner Grabowski felt the City should be looking at the options at this point and time. The site has been carefully designed to come just under the marker and this plan should come back in a better fashion.
Mr. Petelinsek expressed concern for semis parking overnight at the site. Mr. Zandi explained the site was not designed for overnight parking of trucks.
Mayor Bolender would like to see the stormwater issue addressed at this time to make sure it would not adversely affect the neighbors.
Commissioner Dickmann motioned that the Plan Commission approve the site, building, and landscaping plans subject to the following conditions:
Commissioner Sokol seconds.
Mr. Petelinsek asked that a letter from the Water and Sewer Utility be read into the minutes.
Mr. Fortin read the following letter into the minutes:
Mr. Petelinsek:
As a follow-up to our conversation this evening with Alderman Kopplin in my office I wanted to make clear the options you have to receiving public sewer service. Currently there is no sewer abutting your property. The nearest public sewer is approximately 600 feet to the west. In order for you to receive service a public sewer would need to be extender within the road right-of-way or easement to abut your property. The sewer main would likely be a forced main since the existing grades would not allow complete extension of gravity system. You would be required to install a grinder pump to pump your flow into the forced main and into the nearest manhole. The cost is installing a forced main if approved by the Water and Sewer Utility Commission and the City Common Council. Which, would be special assessed to you and other adjoining properties. You would not be allowed to extend a private lateral in the road right-of-way some 600 feet across adjacent parcels to the existing manhole. You do need to receive service from a public sewer that abuts your property through the road right-of-way, easement or both. Regarding you question about the likelihood of the property being split into multiple parcels, my position follows:
Assuming the proposed building is built with a private lateral to the existing public sanitary sewer I would oppose any split of the property unless public water and sewer serve for each normally formed parcel.
If you have any questions please feel free to contact me.
Michael Sullivan
Roll call, Dickmann, nay; St. John, aye; Sokol, aye; Siira, nay; Foeckler, nay; Bolender, nay; Grabowski, nay; Correll, nay; and Peterson, nay. Motion fails.
Use Approval – Mallory Properties (United Rentals)
9401 S. 13th Street
Tax Key No.: 877-9006
Mr. Fortin explained to the Commission the applicant was requesting a Use Approval to allow United Rentals to occupy a portion of the building at 9401 S. 13th Street and to allow outdoor storage of United Rental’s equipment and vehicles. The property is currently zoned B-4, Highway Business, which would prohibit this type of a use. However there is an underlying Planned Unit Development that was approved in 1979. The City’s zoning ordinance required that the property is regulated by the provisions contained in the resolution or ordinance which authorized and approved the planned development and not the underlying zoning district regulations.
Commissioner Grabowski questioned how the applicant would address the restrictions the City would be placing on this site in regards to keeping the cranes at there lowest possible height and what that height would be. Mr. Frank Giuffre, explained it would be kept at the same height used to drive down the road which would be under 13’6” or below.
Commissioner Grabowski questioned the height of the fence that would be used to screen the equipment. Mr. Giuffre stated the fence was eight feet high and that all stipulations from the City have been completed except for the slats in the fence which have been ordered.
Mr. Fortin questioned if the landscaping had been completed. Mr. Giuffre stated they did put in at least the minimum asked but are not complete with the landscaping they intend to do. Commissioner Grabowski questioned how they would screen the equipment with an eight foot fence. She also stated this was not an appropriate use for this site.
Commissioner Dickmann questioned what the PUD and the Comprehensive Plan allowed for this area. Mr. Fortin explained the Commission could approve this use for the PUD and the Comprehensive Plan called for planned business.
Commissioner St. John stated the use has improved from what used to go on on the site and it could be said that it is actually better than what it is to the north of the site. For clarification the vehicles are not going to be 13’ high. The way the language is written if the cranes collapse down to 10’ feet it must collapse to 10’ if it collapses to a lower height it must be kept at the lowest height. Screening has been looked at and from the McDonald’s lot which has a truck parking lot it would be one in the same use. The repair shop above the site is basically one in the same use also. The conditions take care some of the issues and he did not feel the area was going to renew into a retail use at any time in the near future.
Commissioner Grabowski expressed concern for using the Comprehensive Plan. It offers flexibility and as Commissioners they are charged with bringing the highest and the best use for the property. She did not know if this was an appropriate site for the proposed use.
Assistant Fire Chief George Krudop questioned what percentage of the building would be used for rental storage. Mr. Giuffre stated less than half of the building would be used for the rental company and they would have other tenants for the building. The other tenant would be a granite countertop company that would take about ¼ of the building and the other ¼ of the building would be empty at this time.
Commissioner St. John questioned if the conditions would apply to the entire site or would it be tenant specific. Mr. Fortin stated it was tenant specific for United Rentals. If another tenant would come forward with a similar use it would also need a similar list of restrictions.
Commissioner Peterson questioned how the PUD could only be for the tenant and not for the site. Mr. Fortin explained this was not a conditional use it was a use approval.
Commissioner Siira motioned that the Plan Commission approve the use of the property at 9401 S. 13th Street by United Rentals for a leasing and sales office with outdoor storage of equipment and vehicles, subject to the following conditions:
Commissioner Peterson seconds. Roll call, Dickmann, aye; St. John, aye; Sokol, aye; Siira, aye; Foeckler, aye; Bolender, aye; Grabowski, nay; Correll, nay; and Peterson, aye. Motion carries.
Rezoning and Conditional Use – Willow Tree Development
8081, 8131 & part of 8201 S. Howell Avenue
Tax Key No.: 813-9011, 813-9012 & 813-9009-004
Mr. Fortin explained to the Commission the applicant was requesting that the properties at 8201, 8131, & 8081 S. Howell Avenue be rezoned from M-1, Manufacturing to B-4, Highway Business and that a conditional use permit be issued for a gasoline service station.
Commissioner Grabowski questioned if there has been any discussions about this site being done as a PUD. Mr. Michael DeMichele stated he has had discussions with staff and members of the Commission and Council in regards to a PUD on this site and it has been determined there are ways any concerns about the future use could be addressed without a PUD.
Commissioner Grabowski expressed concern for the residential neighborhood across the street. She would like more guarantees that the City would have more control over the specifics of site. She also questioned where the ingress and egress for the gas station would be located. Mr. DeMichele explained the egress and ingress sites are shown on the site plan but are not final at this point. The Engineering department has expressed some concern for the internal flow of the site and that is being looked at further at this time.
Mayor Bolender welcomed Woodman’s to Oak Creek and questioned when they would be starting with the project. Mr. Brett Bachus, Woodman’s, explained the site plan that the Commission was looking at was the first step towards the theory of a Woodman’s store but the ingress and egress are not complete at this time. They would like to open the store in the fall of 2007.
Commissioner Dickmann questioned if there would be an auto service facility or a gas station on the site. Mr. Bachus explained it would be a small convenience store with a gas station, car wash and an oil lube facility.
Mayor Bolender asked that the Woodman family be introduced and again welcomed them to Oak Creek.
Alderwoman Lampe questioned if the auto service center could be located near the day care center. Mr. Bachus stated at this point in time the plan was only a concept plan that could be changed but the logical and economical place for the gas facility would be off of Howell Avenue.
Mr. Jeffrey Hering, 110 E. Stuart Court, expressed concern for the residents east of the facility and their home values. He would like to see the Woodman’s approved but not the conditional use for the gas station.
Commissioner Grabowski expressed disappointment that this was not brought forward as a PUD. Mr. Fortin explained a PUD was looked at but the applicant wanted to bring it forward as a straight rezone with a conditional use.
Ms. Janet Ream, 8170 S. Howell Avenue, expressed concern for the traffic in the area and would like to see additional traffic lights added on Howell Avenue. Mayor Bolender commented there were lights at Forest Hill and also at Drexel Avenue. The problem with Howell Avenue is that the State regulates the lights on Howell Avenue not the City.
Alderwoman Lampe commented that she has tried to get more control on the traffic on Howell Avenue in the past and it is still a concern for her.
Ms. Margaret Poggemiller, 8190 S. Glenfield Drive, expressed concern for the location of the gas station and the hours of operation. Mayor Bolender commented at this point they can not guarantee a location for the gas facility. Mr. Bachus informed the Commission the typical hours of operation for the gas facility are from 7 or 8 am to typically 8 pm.
Ms. Carol Grundy, 9180 S. Nicholson Road, questioned if the land was already zoned by Woodman’s so that if the rezoning did not go through another business would come in and potentially create a problem. Mr. DeMichele explained they would figure out a way to make sure this would be a Woodman’s at the end of the day.
Commissioner Correll questioned why the PUD was not looked at. Mr. DeMichele explained the PUD would create a timing issue. There are a number of conditions on the development at this time due to the Delphi split. The whole neighborhood should benefit from this development.
Commissioner Dickmann motioned that the Plan Commission recommends to the Common Council that the properties at 8081, 8131 & part of 8201 S. Howell Avenue are rezoned from M-1, Manufacturing to B-4, Highway Business and that a conditional use permit be issued for a auto service facility subject to conditions and restrictions that will be prepared for the Plan Commission at the next meeting.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Plan Review – Howell Avenue Professional Building (RW Howell Inc.)
8375 S. Howell Avenue
Tax Key No.: 828-9997
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building, and landscaping of Phase 1 of the development of the property at 8375 S. Howell Avenue. The phase includes a two-story office building that would be constructed at the western end of the property.
Commissioner Grabowski commented she was impressed with the high quality business that would be coming to the City.
Commissioner Peterson motioned that the Plan Commission approve the site, building, and landscaping plans for the phase 1 of the development of the property at 8375 S. Howell Avenue, subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Assistant Fire Chief George Krudop informed the applicant that the City of Oak Creek has additional fire prevention codes that exceed those of the State of Wisconsin and provided the applicant with a copy of them.
Official Map Amendment – Northwest ¼ of Section 34
10670 S. Nicholson Road and 1830 and 1930 E. Elm Road
Mr. Fortin explained to the Commission the applicant was returning from the September 13, 2005 meeting where the Plan Commission held this item and asked the applicant to revise the proposed street pattern so the adjoining property owners would not be cut-off from connecting to the property at 10670 S. Nicholson Road. The applicant has revised the street pattern that would connect to the properties to the east should they ever develop.
Commissioner Grabowski expressed disappointment with the lot sizes shown on the map amendment. Mr. Coury explained it was just an arbitrary number that could be changed.
Mayor Bolender would like to see the number of lots limited to 12 because of the water issues in the area.
Assistant Fire Chief George Krudop commented the number of lots on a cul-de-sac would be limited to 15 lots.
Commissioner Grabowski questioned the reason the road was shifted on the Kotecki property. Mr. Coury stated their engineer looked at the topography of the land and felt that was the best place to make the connection to the Kotecki property.
Commissioner St. John questioned if Mr. Kotecki was agreeable to the layout of the official map. Mr. Kotecki was in agreement with the map knowing that it may not maximize the full development potential of his parcel. He was not concerned with that issue at this time because it was not his intention to develop at this time.
Mr. Kotecki did comment that he would like to the roads on his parcels adjusted with the cul-de-sac coming straight down the middle of his property. Commissioner St. John questioned the reasoning behind the other road on the Mr. Kotecki’s property swinging up and out. Mr. Coury thought the engineer took what was existing and tried to maintain as much of it as possible.
Commissioner Grabowski expressed concern for moving the roads on the map at this time without Mr. Kotecki having done a wetland delineation. Mr. Kotecki comment the original map did show an interconnection and if the interconnection is removed it would impact the value of his property.
Commissioner St. John did not have a problem with Mr. Kotecki’s request but did not feel that Mr. Coury should have to put in the stub street unless Mr. Kotecki can prove that the road is buildable. Mr. Kotecki would be fine with that.
Commissioner Foeckler questioned who would have to pay for the improvements. Commissioner St. John explained that Mr. Kotecki would have to pay unless Mr. Kotecki would have the wetland delineated. Mr. Kotecki would have the wetlands delineated by SEWRPC so that Mr. Coury would have to make the connection.
Commissioner St. John felt that if the long street was slid to the middle of Mr. Kotecki’s property and the short street removed they would have a map that would make everyone happy. Mr. Coury would have the engineer make the changes before the map went forward to the Council.
Ms. Jane Clausen, 1731 E. Elm Road, expressed concern for the water in the area and would like someone to take a look at the water flow in the area.
The neighbors and the Alderwoman would like to see a maximum of 12 lots in the future development.
Commissioner St. John motioned that the Plan Commission recommend to the Common Council that the official map amendment for the Northwest ¼ of Section 34 be approved as resubmitted.
Commissioner Grabowski seconds.
Mr. Kotecki questioned if he need his wetlands delineated. Commissioner St. John stated that he did need to show that the street would be viable before Mr. Coury is asked to spend the money to put in the road.
Roll call, all voted aye. Motion carries.
Landscape Plan Review – McAdams Graphics
7200 S. 1st Street
Tax Key No.: 765-9986
Mr. Fortin explained to the Commission the applicant was returning from the October 11, 2005 meeting where the Plan Commission approved the site and building plans for the proposed expansion of the McAdams Graphics facility at 7200 S. 1st Street, subject to the applicant returning to the Commission with revised landscaping plans to provide additional screening of the loading docks from S. Howell Avenue.
Commissioner St. John motioned that the Plan Commission approve the revised landscaping plan, subject to final review and approval by the City Forester.
Commissioner Grabowski seconds.
Roll call, all voted aye. Motion carries.
Official Map Amendment – Southeast ¼ of Section 28
1120 E. Oakwood Road
Commissioner St. John motioned the Plan Commission recommend to the Common Council that the official map for the Southeast ¼ of Section 28 be amended as proposed.
Commissioner Correll seconds.
Ms. Sharon Christnovich, 1204 E. Oakwood Road, expressed concern for what would happened with the property if the road was to be removed and would like to see something done with the water in the area. Mayor Bolender commented that has not been discussed at this point.
Ms. Clara Laube also expressed concern for the water in the area and what the additional homes would do to the water flow.
Mayor Bolender explained this was not the time to discuss the stormwater for the area. At this time they were discussing removing a road from the map and the issue could be looked at with the alderwoman and the Engineering department.
Roll call, all voted aye. Motion carries.
Sale of City-owned Land
9870 S. Reinhart Drive
Tax Key No.: Not yet issued (parts of 903-9987-006 & 903-0022-001)
Mr. Fortin explained to the Plan Commission they were being asked to consider the sale of the City-owned parcel at 9870 S. Reinhart Drive. The property is proposed to be sold to Sal Campione for future expansion of Campione Bakery, the proposed use of this property as a commercial bakery is consistent with the Comprehensive Plan for this area and is a permitted use in the M-1, Manufacturing zoning district.
Commissioner Foeckler motioned that the Plan Commission recommend to the Common Council that they favorably consider the sale of the City-owned parcel at 9870 S. Reinhart Drive.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Sale of City-owned Land
8411 S. Liberty Lane
Tax Key No.: 828-0001
Mr. Fortin explained to the Plan Commission they were being asked to consider the sale of the City-owned parcel at 8411 S. Liberty Lane. The property is proposed to be sold to Puppy Playground, LLC for future construction of an animal kennel. Animal kennels are allowed as conditional use within the M-1 zoning district and is consistent with the Comprehensive Plan.
Commissioner Correll motioned that the Plan Commission recommend to the Common Council that thy favorably consider the sale of the City-owned parcel at 8411 S. Liberty Lane.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Mr. Fortin questioned if the Commission would like to continue to not have the second meeting in December because it would fall between Christmas and New Years. The Commission was in agreement to not hold a meeting on December 27 but would meet for a special meeting on December 6, 2005.
Commissioner Grabowski motioned to adjourn. Commissioner Siira seconds. Roll call, all voted aye. The meeting adjourned at 10:00 p.m.