MINUTES OF THE
TUESDAY, DECEMBER 13, 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, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Commissioner Foeckler was excused. Also present were Jeff Fortin, Planner and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of November 22, 2005 Plan Commission meeting. Commissioner Correll 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 December 6, 2005, Common Council meetings. There were no comments or concerns from the Commissioners.
Certified Survey Map – Catherine Staskal
1326 E. Oak Lane
Tax Key No.: 922-9034
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. Each of the lots meets or exceeds the zoning requirements.
Commissioner St. John motioned that the Plan Commission recommend to the Common Council that the certified survey map for the property at 1326 E. Oak Lane be approved, subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Conditions & Restrictions – Willow Tree Development (Woodman’s Grocery Store and Gasoline Service Station)
8081, 8131, and part of 8201 S. Howell Avenue
Tax Key No.: 813-9011, 813-9012, 813-9009-004
Mr. Fortin explained to the Commission at the November 22, 2005 meeting they recommended that the Common Council rezone the subject properties from M-1, Manufacturing to B-4, Highway Business with a conditional use for a gasoline service station. Staff has prepared the conditions and restrictions for Plan Commission review.
Alderwoman Lampe commented six residents attended the neighborhood meeting regarding the development and the primary concern regarding the location of the gas station was addressed and he was happy with the change. There is still in an issue with the driveway location of Ebenezer and Woodman’s that needs to be addressed in the future. Mr. Michael DeMichele, Willow Tree Development, that for legal reasons he would prefer if Ebenezer was to put in their own fence and they would be willing to put in a berm and some landscaping as a buffer. Alderwoman Lampe suggested that if Ebenezer needed a fence for protection of the children that Willow Tree Development should provide them with one. Mayor Bolender agreed and suggested Mr. DeMichele provides Ebenezer with a fence all the way around their property. Mr. DeMichele did not feel it was his responsibility to provide them with a fence and would not want to take the liability of providing that protection.
Commissioner St. John suggested Mr. DeMichele meet with Ebenezer and negotiate to make them happy before the item appears before Council.
Commissioner Grabowski questioned the hours of operation. Mr. DeMichele stated the gas station will not open before 7:00 a.m. and will not close after 9:00 p.m. and the grocery store will be a 24 hour operation.
Commissioner Grabowski questioned if there would be any outdoor storage or display of merchandise. Mr. DeMichele stated there would not be any outdoor storage or display of merchandise and the conditions and restrictions state.
Commissioner Correll questioned what would be going in the area originally planned for the gas station. Mr. DeMichele explained it would still belong to Woodman’s but there were no plans for the area at this time.
Commissioner Dickmann questioned if the ability to purchase gasoline after hours was an option. Mr. DeMichele explained that would not be the case.
Commissioner Peterson questioned the request for the thirty-six months time period for the approval to expire. Mr. Fortin explained there is some concern as to the timing for Delphi removing equipment being stored in the building. Demolition could not begin until the equipment was removed.
Commissioner Siira questioned the wall treatment at the point where the demolition would stop. Mr. DeMichele explained they would match the existing building using materials from the portion of the building that would be demolished.
Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that the attached conditions and restrictions as amended are adopted as part of the conditional use permit for the property at 8081, 8131, & 8201 S. Howell Avenue.
Removal of item 5C a and d, 6F – add – including as an accessory use car wash, and the time frame commencing construction within thirty-six months, and completion within two years after that.
Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Final Plat – Orchard View
10222 S. Shepard Avenue
Tax Key No.: 922-9077
Mr. Fortin explained to the Commission the final plat will create 5 lots in the Rs-2, Single Family Residential zoning district. The public improvements have been certified as complete by the Engineering Department, the Streets Department, and the Water and Sewer Utility.
Commissioner Correll motioned that the Plan Commission recommend to the Common Council that the Final Plan for the Orchard View Subdivision be approved, subject to the any technical corrections being made prior to recording.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Final Plat – Rawson Village Estates
2320 E. Rawson Avenue & 7050 S. Ash Street
Tax Key No.: 731-0136 & 731-9983
Mr. Fortin explained to the Commission the final plat would create 12 lots in the Rs-4, Single-Family Residential zoning district. The public improvements have been certified as complete by the Engineering Department, the Streets Department, and the Water and Sewer Utility.
Mayor Bolender stated the small lots were not something they needed any more of in the City of Oak Creek.
Commissioner St. John motioned that the Plan Commission recommends to the Common Council that the Final Plat for Rawson Village Estates be approved, subject to any technical corrections being made prior to recording, including re-labeling Outlot 2 as Lot 13.
Commissioner Dickmann seconds. Roll call, Dickmann; aye, St. John; aye, Sokol; nay, Siira; aye, Bolender; nay, Grabowski; aye, Correll; nay, Peterson; aye. Motion carries.
House Move – Konstantinos Delios
Withdrawn by staff prior to the meeting.
Plan Commission Consultation – Wildwood Drive Subdivision
8290 S. Wildwood Drive
Tax Key No.: 829-9013
Mr. Fortin explained to the Commission the Worthington Group and Icon Development were requesting comments from the Plan Commission on a conceptual subdivision layout for the property at 8290 S. Wildwood Drive. The subject property is located south of the Glen Crossing subdivision. No recommendation will be given as this a conceptual plan only.
Gerry Klamrowski, Icon Development, explained they are looking for feedback before they proceed with wetland delineation and what can be done about the bridge and the cul-de-sac issue. The landowner cannot do anything with the land at this point because of access.
Commissioner Grabowski questioned if staff had discussion regarding the cul-de-sac. Assistant Fire Chief George Krudop stated it was beyond any reasonable decision. It would be a bad situation made worse with more lots added to a cul-de-sac. The safety and well being of the future homeowners on the parcel has to be taken into consideration.
Mayor Bolender commented it would be a safety issue and there needs to be some other design for this parcel.
Mr. Klamrowski questioned what the City would do for the landowner because they created this land locking to occur. Commissioner St. John explained the parcel was land locked when the previous owner sold off portions for other development. He also commented the City would love to have the bridge and there were two options. He suggested he speak with the developer of Glen Crossing in regards to connecting to the stub street. The other issue is that a connection could be made between this parcel and the recycling yard on an emergency basis.
Mayor Bolender suggested the developer get together with Glen Crossing and the Planning and Engineering Departments and see if something could be worked out to make this happen.
Rezoning & Planned Unit Development – Colonial Woods
8100, 8240, 8268 S. 27th Street
Tax Key No.: 810-9977-001, 810-9976 & 810-9975-001
Mr. Fortin explained to the Commission the applicant was requesting approval to rezone the above mentioned properties from B-4, Highway Business & Rs-2, Single Family Residential to Rm-1, Multi-Family Residential with a Planned Unit Development overlay. This would be the first step in the development of the Colonial Woods Condominiums.
Mr. Fortin read the following email into the record:
Alderman Foeckler:
I cannot make the Commission meeting but I have some thoughts for consideration. Whatever development goes in here would it bring in more tax dollars than it costs the City in services? I have enjoyed the woods from the 20th Street side for ten years. They are deteriorating and will continue to do so if left alone. I am sure long term residents of the area would agree preserving the woods as much as possible and some type of care plan should be included in the development plan. A small spur of the land that extends to South 20th Street should be given to the adjacent properties or turned into a walking path or something. Norb has stated repeatedly that he would never access South 20th Street, this would be a way to fulfill that promise. Please share these thoughts with the Commission.
Al Ellingston
8170 S. 20th Street
Commissioner St. John questioned if there was officially mapped streets that went onto those properties. Mr. Fortin stated there were none for the property but the new one would line up to the adjacent property to the south. There are not any streets to the north.
Commissioner St. John questioned if the road aligned with the property to the south. Mr. Fortin explained there was no official map shown but it can be made as part of the ordinance for the general development plan to insure that it does line up.
Commissioner St. John requested to hear from the other property owner on whether or not the road was appropriately placed. Mr. Norb Theine, 1404 Fairview Avenue, S. Milwaukee, owner of the property to the south, did not know the answer as to the streets lining up. The development plan shows the street going through the detention basin to the south.
Mr. Peterson stated they were not opposed to moving the road if there was a situation that called for adjusting the road or the buildings. This is just a concept that shows that a north south public road will be connecting as requested by the Plan Commission. Mayor Bolender would like to see it taken care of before a decision is made.
Mr. Fortin explained to the Commission this item was before them for a rezone and planned unit development. They would have the opportunity to look at a site plan if the Council approves the rezoning and planned unit development.
Mr. Theine expressed concern for the City having to plow private streets to get to the public street for plowing. Commissioner St. John assured him that the plow trucks could get through to the public street even if the private streets were not yet plowed.
Commissioner St. John questioned the types of buildings along the woods. Mr. Fortin stated they would be two-family homes. Commissioner St. John suggested it be noted in the development agreement that those buildings would not be entitled to City garbage pick-up because they were on the public street.
Mayor Bolender suggested holding the item until the issues with the roads and City services could be worked out. Mr. Peterson commented they were not asking for site plan approval at this time only for approval for zoning and a planned unit development. If there are issues with the roads they can be worked out at a later date.
Mayor Bolender asked Commissioner St. John the feasibility of this project.
Commissioner Sokol questioned how many units would be 1,200 square feet and how many would be 1,600 square feet. He also questioned the average size of the units in sixteen family building. Mr. Peterson stated the average size would be approximately 1,300 square feet.
Commissioner Sokol questioned the price for the units in the sixteen family buildings. Mr. Peterson stated they were projecting in the $200’s and for the two-family units they hoped to be in the $300’s.
Commissioner Sokol questioned the average square footage of the eight-family buildings. Mr. Peterson it would be around 1,400 or 1,500 square foot depending on the corner.
Mayor Bolender questioned Commissioner St. John if the $200,000 range would blend in with the rest of the neighborhood and other things planned for the area. Commissioner St. John commented it was vacant on both sides but it would be generally high but right in line with what was on Puetz and 27th Street. Maybe just a little higher than the current buildings.
Mr. Fortin explained the Commission has a great deal of control on how the site will be laid out when it returns to the Commission in January they could add more architectural elements and conditions about the connects. Typically a discussion about where connects are made are not discussed until the site plan is reviewed.
Commissioner Grabowski commented the recommendation to the Council would be to recommend the rezoning and the PUD. The issues with the north south road and the variances in the plan need to be discussed with staff and the developer. It would behoove staff when sending the documents forward that the Community Development Director has had discussions with the individuals so that when it comes before the Commission they are simply looking at the rezoning of the properties. The other issues would be encompassed at a future date.
Commissioner St. John stated that was not the case. They are looking at rezoning but it was a PUD. The zoning package doesn’t get tied together until January at the Plan Commission level. Commissioner Grabowski questioned if the PUD would be at the next hearing. Commissioner St. John confirmed that was the case and this would just be a baby step towards the end. Of all the plans that were seen this is by far the best with the constraints on the site.
Commissioner Sokol questioned how the cost of the units was derived based on the square footage. Mr. Peterson explained the sixteen families were currently being built in Jackson so they have a pretty good sales history. They have built hundreds of the four-families in southeastern Wisconsin and the eight-families would be a new product but they have had a lot of response for them. They have a very good feel for what the sales should be.
Commissioner Sokol requested to see the sales history tying the square footages and the prices together. Mr. Peterson stated he would provide that information to Commissioner Sokol.
Commissioner Sokol commented he would still like to see the numbers. Mr. Peterson stated he would provide the number at the next meeting. Mr. Fortin stated it was not something that was required by the ordinance but if he would like to submit the numbers for informational purposes it would be provided to the Commission.
William Nest, 8146 S. 27th Street, questioned how his property would be affected by this development. The map shows a road on their property. Mr. Fortin explained it was an access easement should they choose to connect to the development in the future.
Mr. Jim Roloff, 8281 S. 20th Street, encouraged the Commission to move forward with the rezoning.
Commissioner Correll motioned that the Plan Commission recommends that the Common Council rezone the properties at 8100, 8240, and 8268 S. 27th Street from B-4, Highway Business & Rs-2, Single Family Residential to Rm-2, Multi-Family Residential with a Planned Unit Development overlay, after a public hearing and subject to a Planned Unit Development Ordinance and General Development Plan which will be prepared for the Commission at their next meeting.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Conditional Use Amendment – Hanna Trailer Sales Area
7575 S. Howell Avenue
Tax Key No.: 782-9034
Mr. Fortin explained to the Commission the applicant was requesting an amendment to their conditional use for the western portion of their property that would allow the display of recreational vehicles and trailers for sale.
Mayor Bolender questioned why the hydrant was not put in on the property. Assistant Fire Chief George Krudop explained the issue with the hydrant was not as straight forward as it presents itself. The initial owner was informed that if the area was to be used for storage of recreational vehicles he would have to comply with the hydrant rule. He stated he was not going to use the area for storage. It turned out that was not the case and the he was informed he would have to install a hydrant. He was given a time frame and in that time frame he sold the property. The new owners were told if they moved the vehicles to come into compliance as much as possible the hydrant issue would not be enforced until spring.
Mayor Bolender stated there was a problem with the site at this time and he could not in good faith allow any changes at this time until all rules are complied with. Mr. Mark Green, Hanna Trailers, understands that there are issues of noncompliance and they are working to resolve those issues as soon as possible.
Mayor Bolender stated there are other issues with the sidewalk that need to be addressed.
Commissioner Peterson suggested putting the item on hold until all the issues of noncompliance were cleared up. Mr. Green commented they have every intention to comply. They would like to be in the community for a long time and are making every effort to take care of the issues.
Mr. Downs stated they have every intention of complying with the hydrant but it was his understanding that there has not yet been a decision as to whether or not the sidewalk should go in. Mayor Bolender directed Commission St. John to figure out the sidewalk issue. Commissioner St. John explained the options for the sidewalk.
Commissioner Correll commented the Commission would not consider any amendments to the conditional use until the sidewalk and the hydrant were taken care of.
Mr. Mark VerHalen, commented before they return to the Commission the original agreement should be reviewed.
Mayor Bolender directed the item held.
Preliminary Plat Revisions – Jenna Prairie Addition #1
9764 S. Shepard Avenue, 1500, and parts of 1130, 1106, 1032 and 1010 E. Fitzsimmons Road
Tax Key No.: 908-9022, 908-9018, 908-9082, 908-9983, 908-9984, and 908-9025
Mr. Fortin explained to the Commission that Kaerek Builders is recommending a revision to the approved preliminary plat for the Jenna Prairie Estates Addition #1 subdivision. The revised plat will add seven (7) lots along the south side of Wildflower Drive. The addition brings the total number of lots in the subdivision to 143. Each of the seven lots being added to the preliminary plat meets or exceeds the standards of the Rs-3, Single Family Residential Zoning District.
Mayor Bolender questioned if the purchase of the properties has been finalized. Mr. Kaerek explained it was all in the works pending the approval of the Plan Commission. Mayor Bolender expressed concern for the trees coming down on the properties before the sale was complete.
Commissioner Grabowski asked Mr. Kaerek to demonstrate that he had ownership of the properties before a motion could be made. Mr. Kaerek explained he informed the owners there was a meeting being held and if he received approval they could close the next day or in January which ever the owners preferred.
Mr. Don Brownell, 1106 E. Fitzsimmons commented his trees were taken down. It may have possibly been a misunderstanding but work should not have been done before the property was closed on. Mr. Kaerek thought the approval of the additional lots would be done at final approval of the subdivision which would have meant that all grading and clearing would have to have been done before the final plat was approved. It was a misunderstanding on his part.
Commissioner St. John motioned that the Plan Commission approve the revised preliminary plat for the Jenna Prairie Estates Addition #1 preliminary plat subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
27th Street Streetscape Improvement plans, memorandum of understanding and the S. 27th Street Urban Village Implementation Plan.
All three items were withdrawn prior to the meeting.
Commissioner Grabowski motioned to adjourn. Commissioner Peterson seconds. Roll call, all voted aye. The meeting adjourned at 9:00 p.m.