MINUTES OF THE SPECIAL
TUESDAY, DECEMBER 6, 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 Doug Seymour, Director of Community Development and Fire Chief Gerald Hammernick.
Preliminary Plat – The Bluffs
3931 E. Oakwood Road
Tax Key No.: 961-9123
Mr. Seymour explained to the Commission the applicant was requesting approval of a Preliminary Plat for the Bluffs of Oak Creek subdivision. The proposed subdivision will have 150 lots, all of which exceed ˝ an acre. Each of the lots meets or exceeds the lot width requirements for the Rs-1 zoning district. A sunset date should be established for the approval of the preliminary plat so that if it is not recorded the preliminary plat becomes void.
City Attorney Larry Haskin commented the statutes provide that if the final plat is not approved within twenty-four months the Common Council would have the authority to refuse to accept the final plat.
Commissioner Peterson questioned who would maintain the lift station. Mr. Steve Bruskiewicz, Mariner Land Corp., stated the lift station would be private and would be maintained by the association along with the private gravity sanitary sewer mains and the forced main.
Mayor Bolender asked Mr. Bruskiewicz if he understood everything that was being discussed regarding the preliminary plat. He stated that in other communities if they could not meet the statutes and they were progressing forward they would come before the Council and ask for an extension and they would not have a problem doing that with this project.
Commissioner St. John commented this was a complicated plat with lots of wetlands and with the DNR’s protective area many of the lots will not meet the design manuals building pad. Until a grading plan is done and the clarification is done from the DNR on the caliber of wetland involved the City will not know the size of the building pad on the lots. The developer does know that the approval of the plat is not a waiver of the design manual. If the standard building pad cannot be met there would need to be discussion on how that will be dealt with.
Commissioner Dickmann questioned how many multi-family lots would be east of the tracks. Mr. Bruskiewicz stated there would not be any multi-family east of the tracks. The multi-family would only be the condos on lot 19 in the future.
Commissioner Peterson questioned why there was not a Planned Unit Development for this multi use parcel. Mr. Seymour explained the applicant was uncomfortable with the timing aspects and challenges with a PUD and asked that the City not require a PUD of him. The Council explored other avenues such as the deed restrictions to achieve the same effect of a PUD without hampering the closure and sale of the property without the additional length of time that a PUD would have required.
Commissioner Peterson questioned what opportunities the City would have to impose other restrictions on this property. Mr. Seymour explained the one thing that was not covered in the deed restrictions that would be covered when the applicant comes in for site and building plan approval would be on the multi-family units which would have been covered under the PUD. Other than that the applicant has been very consistent in working with the City to achieve appropriate standards for the single family home size, outbuildings and other items. The applicant has not objected to one thing the City asked to be included as part of the deed restrictions.
Commissioner Peterson questioned if the deed restrictions would continue if there were another owner of the property at some point. Mr. Seymour stated that would be the case.
Commissioner St. John commented the history of PUD’s within the City of Oak Creek are general speaking something that is used when the applicant was looking for something less than the zoning standard or more signage. This would be one of the most restricted developments within the City of Oak Creek.
Commissioner Dickmann questioned how the Fire Department felt about all the cul-de-sacs within the development. Fire Chief Gerry Hammernick stated he did not like cul-de-sacs but the cul-de-sacs are within the design manual requirements and the one thing with the plat would be that two connections be put in at the beginning of construction.
Alderman Kopplin questioned if there was a possibility that the sunset date need to be added to the conditions and restrictions. City Attorney Larry Haskin stated it could be added but it would be redundant and unnecessary because the State Law gives the City the option. He suggested if she was uncomfortable with the situation it could be added to the development agreement.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, expressed concern about the development and objected to not having any sidewalks on Chicago Avenue by the multi-family units. Mayor Bolender stated there would not be any multi-family along Chicago Avenue. Again Mr. Degner objected to not having any sidewalks within the development. Mr. Seymour commented there would not be any ditches within the development that it would be curb and gutter. There would not be any sidewalks within the development the developers have agreed to increase to increase the width on the main north south streets to allow for an additional three or four feet to allow for a paved and stripped pedestrian/bike lane.
Ms. Rosemarie Annonson, 3920 E. Ryan Road, expressed concerns for the area being a blighted area. Mayor Bolender explained this was not a blighted area but was a farm field. Mr. Seymour explained the area was included in the Lakeview Redevelopment District. The consideration of a blight designation has nothing to do with the approval of the subdivision plat. Ms. Annonson questioned if the wetlands were delineated. Mr. Seymour stated they were delineated and were shown on the plat.
Ms. Annonson questioned the price on the lots. Mr. Bob Hergit stated the lots on the west side would probably be between $105,000 and $120,000 and then on the east side probably a bit more.
Mr. Jim Keen, Oakwood Road, questioned how the surface and sewer water would be drained from the southwest end of the project. Mr. ? (Project Engineer) explained the sanitary sewer would drain down Oakwood Road to the west then he explained to Mr. Keen how the rest of the site would drain. Surface water would be redirected through grading to a pond beneath the railroad tracks. Mr. Keen expressed concern for the water draining into his property but also expressed concern for redirecting the water flow. Mr. ? stated they were not allowed to discharge their water onto another property. Mr. Keen commented the City has been taking water away from his ponds and would be willing to cooperate with the Mr. Bruskiewicz to allow water from the development to drain into his ponds.
Alderman Lampe commented the only way they could assess any of the costs of the infrastructure to the adjacent project owners would be if they would do it through a public bid.
Commissioner Dickmann motioned that the Plan Commission approve the preliminary plat for the Bluffs of Oak Creek subdivision subject to the following conditions:
Commissioner Grabowski seconds.
Roll call, all voted aye. Motion carries.
Commissioner Foeckler motioned to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. The meeting adjourned at 7:45 p.m.