MINUTES OF THE
TUESDAY, FEBRUARY 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 Jackson, Commissioner Rolling, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Kopplin and Commissioner Peterson. Commissioner Correll was excused. Also present were Jeff Fortin, Planner, Assistant Fire Chief George Krudop and Utility Engineer, Mike Sullivan
Commissioner Dickmann moved to approve the minutes of the February 8, 2005, Plan Commission meeting. Commissioner Dickmann seconds. Roll call, all vote aye except Commissioner Foeckler who abstained because he was not in attendance at the February 8, 2005 meeting.
Commissioner Correll arrived at 7:05 p.m.
Report on Significant Common Council Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the February 14, 2005, Common Council meeting.
No comments or concerns from the Commission.
Certified Survey Map – Genevieve’s Garden
2021 E. Drexel Avenue
Tax Key No.: 816-9995-001
Mr. Jeff Fortin, Planner, explained to the Commission that the certified survey map was being proposed to dedicate public street right-of-way to the City. The map will not create any additional lots; only dedicate right-of-way to the City for future roadway purposes.
Mr. Jeff Racine, 3011 W. Woodward Drive, Franklin, questioned the drainage plan for Genevieve’s Garden and the subdivision to the north. Commissioner Jackson stated the subdivision drainage would be taken care of by the detention pond which is north of the right-of-way being considered by the CSM. Provisions have been made for the drainage from the subdivision to the north.
Commissioner Peterson motioned that the Commission recommend to the Common Council that the Certified Survey Map for Genevieve’s Garden be approved, subject to any technical corrections being made prior to recording.
Commissioner Kopplin seconds. Roll call, all voted aye. Motion carries.
Plan Review – Gabaldon Properties Multi-Tenant Retail Building
8907 S. Howell Avenue
Tax Key No.: 859-9039
Mr. Jeff Fortin, Planner explained to the Commission that the applicant was requesting approval of site and building plans for a proposed multi-tenant retail building located at 8907 S. Howell Avenue, which is one of the commercial outlots established in the Planned Unit Development for the Target development that was approved at the October 10, 2003 Common Council meeting.
Mr. Charles Gabaldon, Gabaldon Properties, 135 W. Wells Street, Milwaukee, explained the materials and colors for the proposed building. There will be several architectural elements that are different and in line with a first class retail facility. There will be glass, cultured stone and the key focus will be on the outside dining area.
Commissioner Siira questioned the color scheme for the building. Mr. Gabaldon explained that the color scheme would stay within the same color scheme of the Target store. It would not be exact but would be variations of earth tones and showed the Commission the material samples.
Commissioner Dickmann questioned the size of the building and the entrances for the building in regards to parking and Howell Avenue. The majority of the stalls in front of the building would be for customers and employees would park in the back of the building. The parking would not be directly on Howell Avenue but within the building site.
Commissioner Siira questioned the alternative elevations because he felt the first proposal worked well. Mr. Gabladon explained that the alternative elevation was for a national tenant that would like to see a corporate element design built into the façade.
Commissioner Siira confirmed that the alternative would only be used to accommodate the corporate element of the national tenant. Mr. Gabaldon confirmed that the shape of the piers would be changed if the tenant was secured.
Commissioner Siira questioned if the outdoor eating area was for the entire building or just one single tenant. Mr. Gabaldon explained at this point it was for a single tenant but they make work something out for its use by other food tenants if there are any.
Commissioner Siira questioned the screening of rooftop mechanicals. Mr. Eric Fohrs, Redmond Company, explained the mechanicals would be screened by the roof elevation.
Mayor Bolender questioned the number of retailers in the building. Mr. Gabaldon explained it would depend on the actual final layout but it would range between 10-12 tenants and they have 100% occupation at this time.
Assistant Fire Chief George Krudop pointed out to the Commission that with the additional outlot to the south there is the potential for an internal traffic problem in the future. Mr. Gabaldon felt comfortable with the layout and felt the traffic movement between the two outlots would not create a problem.
Commissioner Rolling questioned if the site plan showed cobblestone. Mr. Gabaldon explained the area in question was heavy duty asphalt to accommodate the trucks coming in and out for deliveries.
Commissioner Siira motioned that the Plan Commission approve site and building plans for the property at 8907 S. Howell Avenue, subject to the following conditions:
1. That all building and fire codes are met, including designation of any fire access drives prior to the issuance of building permits.
2. That the final landscaping plan is approved by the City Forester prior to the issuance of building permits.
3. That the applicant returns to the Plan Commission with an overall sign plan for this property.
4. That grading and stormwater management plans are approved by the City Engineer prior to the issuance of building permits.
Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Temporary Use – Ashbury Woods Construction/Sales Trailer
8435 S. Chicago Road
Tax Key No.: 823-9019
Mr. Jeff Fortin, Planner explained to the Commission that the applicant was requesting approval of a temporary sales and construction trailer for the Ashbury Woods condominium development.
Commissioner Peterson questioned the relationship between this item and one that was pulled from a previous agenda. Mr. Jeff Fortin, Planner explained the previous item was a certified survey map that they were using to try and record and vacate easements and the preferred method for that would be through easement documents and does not relate to this item.
Commissioner Jackson relayed to the Commission that even though this was a temporary use it would still have to meet the requirements for sewer and water hook ups. He requested that one of the conditions reflect that if required that any trailer on site meet all building and fire codes.
Mayor Bolender questioned the proposed signage for the site. Mr. Jeff Fortin, Planner stated the signage meets the codes for any temporary development sign.
Commissioner Dickmann questioned the type of parking surface. Mr. Fortin explained it would only be for employees and customers and would be gravel. The heavy equipment for the site would be near the construction trailer.
Commissioner Peterson questioned if there was a representative of the development present at the meeting. There was no response. Commissioner Peterson informed the Commission that there were still neighborhood concerns regarding the landscaping and adherence to the ordinance going forward.
Mr. Leif Peterson, 8590 S. Stonefield Drive, questioned the past practices of the Commission and not taking action on items that had no one at the meeting to represent them.
Commissioner Correll supported that concern because there were potential concerns and no one to address them. Mayor Bolender apologized to Mr. Peterson and stated the item would be put on hold until a representative could be present to answer any questions the Commission may have.
Mr. Jeff Fortin, Planner, questioned if the Commission had specific concerns he could relay to the applicant. Mayor Bolender stated he just wanted them at the meeting to address any concerns that may come up.
Commissioner Foeckler explained it would be a good time for the Commission to use this as leverage to make sure that all items are taken care of that are of concern to the neighbors.
Mayor Bolender directed the item held.
Rezoning – 2326 E. Elm Road (Whispering Pines Subdivision)
2326 E. Elm Road
Tax Key No.: 958-9986
Mr. Jeff Fortin, Planner, explained to the Commission that the applicant was requesting that the property at 2326 E. Elm Road be rezoned from A-1, Limited Agricultural to Rs-1, Single Family Residential. The rezoning is being requested to allow for the potential development of a subdivision tentatively called Whispering Pines.
Commissioner Siira questioned the length of the cul-de-sac. Mr. Jay Mack stated the length was approximately 975 feet. Commissioner Siira questioned if the length was a potential problem. Assistant Fire Chief George Krudop confirmed that would be a problem but he did not look at the street layout because this was a rezone. He would encourage the individual to work with the City Planning and the neighbors to come up with an official map that would include his development and the development to the west so there is not any dead end cul-de-sacs but a looped street. Mr. Mack stated the engineer is already considering that point at this time.
Mayor Bolender expressed concern for the lack of City water in the area and problems with fire protection. Mr. Mack requested feed back from the Commission and questioned if they were recommending that the site have water connection. Mayor Bolender stated the recommendation was what the Planning Department had already conveyed to them that this is not logical and is a dangerous situation with a cul-de-sac that far off of Elm.
Mr. Jeff Fortin, Planner commented this was a conceptual plan and in talks with the Engineering Department the layout would have to change in the north. He reminded the Commission this was a rezoning request and the details about the streets and lots were not the main concern. Mayor Bolender replied he was not happy with the plan to begin with because of the road on the western boundaries and had concerns for the landowner next door.
Mr. Charles Rusiecki, 2298 E. Elm Road, stated he would not sell his property to allow for a road to connect to this development. He opposed the development and also expressed concerns for stormwater.
Commissioner Jackson reminded the Commission again that this was a rezone request which does meet the Comprehensive Plan. On the merits of this being rezoned to Rs-2 he had no objections. The problems that are being discussed are design consideration which would be addressed at the time of the preliminary plat. He noted the problem with the watermain is that they were told they could go to private wells and then told they would have to put in water. They have gone to the Utility Commission and received approval from them. It is not necessary but they could go with private wells and still meet Fire Code requirements. Again those issues would be addressed at the time of the preliminary plat. Mayor Bolender commented that he did not want to create more problems for the area by rezoning the property. He also stated he would like to see water put in for the fire protection.
Alderwoman Dimity Grabowski, 5th District, pointed out again that the Comprehensive Plan specifies that all new developments be served with a full range of municipal services. If there were only one or two homes being requested with a well it would not be such an issue. The developer has not had any contact with her and she would like to have any issues with the neighbors worked out before the development proceeds. It would be a step backwards to allow a development with private wells. She stated she would not be supportive of the development as it stands at this point.
Commissioner Kopplin questioned if the soil conditions for the area would even support a private well or would mound systems be required which would require larger lots.
Mr. Fredrick, represents landowner, and expressed concern for the landowner and his inability to market the property. The concerns of the Commission could be addressed at the appropriate time after the rezoning takes place. The rezone is in accordance with the City’s master plan.
Commissioner Foeckler responded he would act under the assumption that water would be required. In the future the residents will be upset when they are assessed for water. That issue can be taken care of at this point by requiring water. He stated he was not against the theory of the rezone.
Mr. Fredrick commented the water issue could be worked out with the Utility Commission and if it was required that would be fine. The cul-de-sac issue and additional access is already understood and being addressed. This is not a preliminary plat but a conceptual plan.
Commissioner Dickmann agreed this was a rezone issue but did not want to give the impression that the Commission was for this development even though there were water issues. The property could be sold to someone else and developed into only two lots if the rezoning was already in place.
Commissioner Peterson requested clarification on the well issue. It is not really an issue if the developer is willing to put in the water. Mr. Mike Sullivan, Utility Engineer, explained the developer was told that water would be required which would include over sizing. The issue is whether they would follow the requirements of the Master Plan.
Commissioner Correll agreed with Commissioners Dickmann and Jackson that from a zoning standpoint this was the zoning that would fit in this area. There are obstacles for this parcel.
Mayor Bolender stated this was an issue in this area in the past and the area has a drainage problem and unless it is solved the water will just be pushed some place else and he was against that situation.
Mr. Mack explained there would be detention ponds to retain the water on the site and all of the problems could be worked out after the rezoning was done. They can not move forward to work out the issues with out the rezoning. Mayor Bolender did not agree with the concept that all the water would stay on the site.
Mr. Mack explained the Engineering Department would look at any plans and if they could not get them to work then the development would have to be dropped. They would like the opportunity to try and work out the issues with the development. Mayor Bolender would like the developer to prove it would work before the rezoning was approved.
Mr. Fredrick explained that putting a developer in the position to spend the time and money to do the work when there was opposition to the rezoning was a frustration.
Commissioner Correll pointed out that if it was rezoned they may only be able to get one additional lot out of the parcel but the developer understood that risk.
Mayor Bolender stated it was not a problem of bringing the water in a pipe but with the water that existed in the marshy area.
Alderwoman Grabowski, again state it would be a step backwards in regards to the 2020 Comprehensive Plan. The proposal shows several homes not just one or two. The issue of wells would not be such a concern for one or two lots. The landowner needs to understand that if the rezoning is approved the assessment would be for Rs-1 not A-1.
Mr. Fredrick explained the zoning does not determine the tax base but the use.
Mr. Don Zubek, representative for the estate that owns the parcel explained there is only a very small area of marsh on the property and they have never had a water problem.
Mr. Jim Crayton, 2007 E. Elm Road, stated before the rezoning the neighbors should be consulted before being forced to pay for the water coming past their homes for this development.
Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that this rezoning not be approved.
Commissioner Siira seconds. Roll call, Dickmann; aye, Jackson; nay, Rolling; aye, Siira; aye, Foeckler; nay, Mayor Bolender; aye, Kopplin; aye, Correll; nay, Peterson; nay. Motion to deny carries.
Certified Survey Map- Reinhart Real Estate
9950 S. 27th Street
Tax Key No.: 927-9999-006
Mr. Jeff Fortin, Planner, explained to the Commission that at the January 25, 2005, Plan Commission meeting, the Commission recommended to and the Common Council concurred that a special exception to the 27th Street development moratorium be granted to the applicant for a certified survey map at 9950 S. 27th Street.
Commissioner Jackson commented he did not think the outlot would be allowed. Mr. Jeff Fortin, Planner explained he discussed the issue with the City Attorney and in his opinion it is allowable.
Commissioner Correll motioned that the Plan Commission recommend to the Common Council that the certified survey map for Reinhart Real Estate be approved subject to the following conditions:
1. That a development agreement be entered into between the owner and the City to specify the responsibility for, and the timing of public improvements.
2. That any technical corrections are made prior to recording of the map.
3. That a written legal opinion of approval be obtained from the City Attorney prior to recording of the map.
Commissioner Rolling seconds. Roll call, all voted aye. Motion carries.
Recommendation to Common Council – 27th Street Sub-Area Plan
Mr. Jeff Fortin, Planner explained to the Plan Commission that at the January 25, 2005, meeting they were given a presentation on the 27th Street Sub-Area Plan and if they approved of the Plan in its current form the appropriate action would be to recommend that the Common Council adopt the 27th Street Sub-Area Plan.
Commissioner Foeckler motioned that the Plan Commission recommend to the Common Council that the 27th Street Sub-Area Plan be approved.
Commissioner Dickmann seconds. Roll call, Dickmann; aye, Jackson; aye, Rolling; aye, Siira; aye, Foeckler; aye, Bolender; aye, Kopplin; nay, Correll; aye, Peterson; aye. Motion carries.
Commissioner Kopplin motioned to adjourn. Commissioner Peterson seconds. Roll call, all voted aye. The meeting adjourned at 8:55 p.m.