MINUTES OF THE
TUESDAY, MARCH 8, 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, Commissioner Correll and Commissioner Peterson. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Dickmann moved to approve the minutes of the February 22, 2005, Plan Commission meeting. Commissioner Kopplin seconds. Roll call, all voted aye. Motion carries.
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.
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 returning from the February 22, 2005 meeting where the Plan Commission held this item because the applicant was not in attendance to answer any questions regarding this proposal.
Commissioner Dickmann questioned the parking area and what type of materials would be used and what would happen with the parking area after the building was moved. Mr. Dan Frigge, Heritage Development, explained the parking area would be a stone base which would be similar to a driveway and after the trailer left the site the site would be used for an eight family building.
Commissioner Peterson questioned if the trailer met the required setbacks from the street. Mr. Fortin, Planner confirmed all setback requirements were being met. Commissioner Peterson questioned the ownership of the development. Mr. Frigge stated Heritage requirement bought the development on November 18, 2004. Mr. Fortin, Planner explained the development agreement goes with the property regardless of ownership.
Commissioner Peterson questioned if there were any outstanding fees associated with this development. Commissioner Jackson confirmed all fees were current.
Commissioner Siira questioned the type of plumbing hookups required. Mr. Frigge explained that the trailer would be tied into the sewer and water lateral that would be in place for the future building on the site.
Commissioner Peterson questioned if all easement questions were cleared. Commissioner Jackson confirmed they were taken care of at the last Common Council meeting.
Commissioner Foeckler addressed the past landscaping issues. Mr. Frigge explained that a landscaping plan was submitted by National Survey to Rebecca Lane and a preliminary review was being done and they would be working with her to finalize the plans for the first phase. Mr. Fortin, Planner stated the she commented that the plan was okay but would like to see some species changed.
Commissioner Peterson expressed that the landscaping was a concern for the neighbors. Mr. Frigge clarified that they would be doing the best they could to screen the first phase and to keep all of the trees possible in the second phase.
Mayor Bolender questioned why the Commission did not receive a letter from the City Forester outlining her approval. Mr. Fortin, Planner explained to Mayor Bolender that the landscaping plan is not associated with the temporary use approval. The landscaping plan was part of the PUD and the developers’ agreement and would be enforced at the time of occupancy of the buildings.
Mayor Bolender told Mr. Frigge that he would either have to barricade the road and clean off the debris or clean off the road and get all the debris off. There is sewer pipe on the road and there are no barricades which is creating a dangerous situation.
Mr. Leif Peterson, 8590 S. Stonefield Drive, requested that the Plan Commission be allowed to approve the landscaping plan so the neighbors would have a chance to review the plan. Mayor Bolender made it clear that Rebecca Lane puts a lot of effort into the landscaping review and he had confidence in her decisions.
Mr. Peterson questioned if the wetland screening was properly placed. Commissioner Jackson stated the wetlands, under the grading and drainage plan were protected. He would have the site checked to make sure that all erosion control fencing has been installed correctly.
Commissioner Dickmann motioned that the Plan Commission approve the temporary use for the Ashbury Woods temporary sales and construction trailer subject to the following conditions:
1. Any trailers must be removed from the site by March 8, 2006 (one year).
2. Any trailer on site must meet all building and fire codes.
3. There shall be no more than one (1) trailer on the property for the duration of this approval.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Lue Yang
7700 S. 13th Street
Tax Key No.: 783-9059
Mr. Jeff Fortin, Planner, explained to the Commission that the applicant was requesting approval of a certified survey map which would create two lots in the Rs-3, Single Family Residential zoning district. Both of the lots being created meet or exceed the requirements for the zoning district.
Commissioner Siira questioned if the 30’ x 30’ shared access easement was 15’ on each side. Mr. Fortin stated that was correct.
Commissioner Kopplin explained this was the land that was previously brought before the Commission for four lots with an access road. Mr. Fortin, Planner, stated the letter that accompanied the staff report explained the previous approval given by the County that would only allow three driveways which would require these two parcels to share which that County is comfortable with.
Commissioner Foeckler questioned if this would be two lots for two homes. Mr. Fortin, Planner, confirmed that was the case.
Commissioner Kopplin expressed concern for the site and grading plan and water on the site.
Commissioner Kopplin motioned that the Plan Commission recommend to the Common Council that the certified survey map for 7700 S. 13th Street be approved subject to the following conditions:
1. That any technical corrections are made prior to recording.
2. That a grading plan be approved by the engineering department prior to recording.
Commission Peterson seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Robin & Martin Chapa
1800 E. Rawson Avenue
Tax Key No.: 731-0151
Mr. Jeff Fortin, Planner explained to the Commission that the applicant was requesting approval of a certified survey map that would create one lot in the Rs-4, Single Family Residential zoning district. The parcel being created exceeds the requirements for the zoning district. The subject parcel was originally recorded as an outlot of the Rawson Village Addition #1. A new development agreement must be entered into between the owner and the City prior to development of this property.
Commissioner Kopplin explained the reason this that this lot was not developed along with Rawson Village Addition #1 was because the land was so low and could not be accommodated with sewer.
Mr. Martin Chapa, clarified since the staff report was written a system was engineered with an ejector pump and would be able to tie into city sewer. Mr. Fortin, Planner stated that would be addressed in the development agreement.
Commissioner Foeckler questioned if the plans were just for a single lot. Mr. Chapa confirmed that was the case. They have a permit from the County to run through County right of way with the ejector pump line.
Commissioner Kopplin motioned that the Plan Commission recommend to the Common Council that the certified survey map for 1800 E. Rawson Avenue be approved subject to the following conditions:
1. That any technical corrections are made prior to recording.
2. That a development agreement be entered into between the owner and the City to specify the responsibility for, and the timing of any public improvements.
Commissioner Rolling seconds. Roll call, all voted aye. Motion carries.
Rezoning – Sikh Temple of Wisconsin
7502 & 7512 S. Howell Avenue
Tax Key No.: 781-9994 & 781-9995
Mr. Jeff Fortin, Planner explained to the Commission that the applicant was requesting that the properties at 7502 and 7512 S. Howell Avenue be rezoned from Rs-3, Single Family Residential to I-1, Institutional to allow for the construction of a Sikh Temple.
Commissioner Kopplin expressed the concerns of the Knudson’s and they are not opposed to a Sikh Temple but are opposed to the location. They would like to know where the sewer will come from and were also concerned about a parking lot devaluing their home. Commissioner Kopplin also had questions regarding the sewer and informed the Commission that Mr. Downs stated he would not provide an easement for the sewer across his property. There may be a possibility that the sewer could come in from the south but it would not allow for building in the back of the property. She also stated that she had no other negative comments from area residents.
Mayor Bolender requested more information on the situation with the sewer. Mr. Fortin, Planner explained the applicant was aware of the problems with the sewer and those issues would be addressed with the site plan review. If the rezone was granted they are willing to work with the neighbors or the City to get sewer to the property. Mayor Bolender questioned what would happen if the sewer issues could not be worked out would they rezone the property back to residential. Mr. Fortin replied it would remain institutional.
Mr. Mike Doble, Landcraft Survey and Engineering, they have looked at the sewer and it physically works. If the rezoning was allowed to move forward to public hearing then the Siek Temple would explore the options with Mr. Downs to get an easement or explore other options if necessary. Without the rezoning they don’t know the position they are in to proceed. If the approval was granted to move forward to public hearing they would then proceed to work out the details of the sewer and if they could not be worked out the item would be withdrawn before proceeding to Council.
Commissioner Foeckler stated he did not have a problem with the use but, before getting approval from the Council they would need more concrete plans on the sewer. Commissioner Foeckler questioned the use of the green space on the back of the property. Mr. Doble stated it would remain green space with the exception of the detention pond which would be place as close to the developed portion of the property as possible.
Commissioner Foeckler inquired about future expansion. Mr. Doble explained the existing building was ¼ of the size and there were no thoughts of expansion in the foreseeable future. The building is almost as big as it can be for the site at this time. Commissioner Foeckler suggested the rear portion of the property be zoned park to assure the neighbors that there would not be a building abutting their property in the future.
Mayor Bolender stated he wanted the issue of the green space on the back part of the property and the question of the sewer tied to this approval. Mr. Fortin, Planner stated that he did not believe they could attach conditions to the rezoning. The issue was whether or not this was a good use and the conditions could be tied to the site plan review.
Mr. Balhair Dulai, 9461 S. Pennsylvania Avenue, stated he was confident they could work out the issues with the sewer. They have chosen Oak Creek to relocate to because most of their members live in Oak Creek and they believe it will be a positive impact on the City.
Commissioner Dickmann questioned if they could add a condition that prior to going to the Common Council that the sewer and water drainage problems be clarified for the Common Council. Mr. Fortin, Planner stated it should be left as is and he would make sure those items were taken care of before it went to Common Council.
Mayor Bolender stated he wanted it in the notes.
Commissioner Foeckler motioned that the Plan Commission recommend to the Common Council that the properties at 7502 and 7512 S. Howell Avenue be rezoned from Rs-3, Single Family Residential to I-1, Institutional after a public hearing with the understanding that the eastern ¼ of the parcel be rezoned A-1. It is further recommended that the item not come to Common Council until the sewer and drainage issues are resolved.
Commissioner Kopplin seconds. Roll call, all voted aye. Motion carries.
Rezoning and Conditional Use – Superior Properties Group
6890 S. Howell Avenue
Tax Key No.: 733-9008
Mr. Jeff Fortin, Planner, explained to the Commission that the applicant was requesting that the property at 6890 S. Howell Avenue be rezoned from B-4, Highway Business to M-1, Manufacturing with a conditional use for a truck maintenance facility. The Comprehensive Plan has this property designated as Planned Industrial; therefore this rezoning is consistent with the future land use plan. Additional background information on the property was provided to the Commission.
Commissioner Kopplin questioned who owned Superior Properties and if it was owned by Roadway. Mr. John Halaska, Inland Construction, stated it was owned by Chad Krautkramer and David Stone. They currently operate a facility out of Michigan and they have agreements with Roadway at this time for the use of this facility. Commissioner Kopplin complained about the tremendous amount of traffic that comes from Roadway and blocks traffic coming northbound.
Mayor Bolender questioned if this was a contracted maintenance program with Roadway and if so how long was the contract for. Mr. Halaska stated it was a contract and he did not know when the contract would expire.
Mayor Bolender questioned if there would be future outside storage requested when the contract was done with Roadway. Mr. Halaska stated the intention was for no outside storage of vehicles on the property. Doors would face to the north and south and nothing would be facing Howell Avenue.
Mayor Bolender expressed concern for the neighbors. Mr. Halaska stated he was aware of concerns with the property owner to the south and they were willing to work out additional agreements with that property owner regarding traffic flow and screening. Mayor Bolender expressed concern for the hours of operation. Mr. Halaska stated the hours of operation would be Monday through Friday from 6 a.m. to 12 a.m. and Saturdays and Sundays from 8 a.m. to 4 p.m. Mayor Bolender requested that the Sunday hours be eliminated and Saturdays only from 9 a.m. to 2 p.m.
Commissioner Correll questioned what the hours of operation where for the facility across the street that currently performs the maintenance for Roadway. Mayor Bolender stated they were set way back and it was not an issue.
Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that the property at 6890 S. Howell Avenue not be rezoned from B-4, Highway Business to M-1, Manufacturing with a Conditional Use after a public hearing and subject to conditions and restrictions that would be prepared for the Commission’s review at their next meeting.
Commissioner Rolling seconds. Roll call, all voted aye except Commissioner Kopplin who abstained. Motion carries.
Zoning Text Amendment – Definition of Family
This draft ordinance would repeal and recreate the definition of “family” under Section 17.1402 of the zoning ordinance and create a definition of “functional family unit.” In addition, this ordinance will create a definition for “Chapter 980 Supervised Release” and will make functional family units and Chapter 980 supervised release uses a conditional use in all zoning districts.
Commissioner Foeckler motioned that the Plan Commission recommend to the Common Council that the zoning text amendment regarding the definition of family be adopted.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Commissioner Kopplin motioned to adjourn. Commissioner Rolling seconds. Roll call, all voted aye. The meeting adjourned at 8:25 p.m.