MINUTES OF THE
TUESDAY, APRIL 12, 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 Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Kopplin, Commissioner Correll, and Commissioner Peterson. Commissioner Rolling was excused. Also present were Jeff Fortin, Planner, Assistant Fire Chief George Krudop,
Commissioner Siira moved to approve the minutes of the March 22, 2005, Plan Commission meeting. Commissioner Dickmann seconds. Roll call, all vote aye except Commissioner Kopplin. Motion carries.
Report on Significant Common Council Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the March 14, 2005, Common Council meeting.
No comments or concerns from the Commission.
Official Map Amendment – Southwest ¼ of Section 6
S. 21st Street
Mr. Jeff Fortin, Planner, explained to the Commission that the applicant was requesting that the official map be amended to remove an officially mapped section of S. 21st Street which runs from W. Wood Avenue south approximately 1,167 feet to another officially mapped east-west street. They requested the map be amended because they prefer not to dedicate and improve a segment of road running along the west end of their property.
Mr. Steven Kraeger, applicant, explained his intention to develop his parcel into four lots and would not like to see the street extended behind those lots.
Commissioner Dickmann was in agreement that the road not be extend in this area because of the walking path in the park and the existing homes would have a road very close their homes.
Commissioner Foeckler stated it would make sense to remove the street for the benefit of the existing homes and for the applicant.
Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that the Official Map be amended as submitted after a public hearing.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Plan Review – St. Matthews Church Storage Building and Picnic Shelter
9303 S. Chicago Road
Tax Key No.: 869-9972
Mr. Jeff Fortin, Planner, explained to the Commission St. Matthew’s Church was requesting approval of a storage building and picnic shelter to replace existing garages on the property. The building will be 108’ x 32’. Half of the building would be used for church and school storage space and the other half would be a covered picnic shelter area. The church would like this building to be a pole barn style building with metal siding and a metal roof. Section 17.1009 requires that façade of an institutional building shall be finished with an aesthetically pleasing material.
Mr. Alan Ronakowski, St. Matthew’s Church, requested approval of the building as presented because financially they could not put up the building with any added expenditures. Commissioner Siira questioned if the metal siding and roofing was the cheapest way to construct the building. Mr. Ronakowski stated that was the best they could do at this time.
Mr. Mark Zapp, 9445 S. Regency, stated the existing garages on the site would be removed and replaced with this building. Commissioner Siira questioned the price of shingles versus the metal roof. Mr. Zapp explained they have researched and found this type of building to be the cheapest. Commissioner Siira commented there is a need for a new storage building and shelter and would like to see the old buildings gone but aesthetically this building was not acceptable.
Mayor Bolender suggested putting shingles on to change the look of the building and dress it up some. Mr. Zapp will check into the suggestions given and look at other options for the building and their costs.
Commissioner Correll clarified that if the Commission allowed this type of building on this site then they would have to allow at other sites.
Commissioner Siira questioned if the sheltered picnic area would be facing the east and also questioned if there would be a window that would open to the picnic shelter from the storage area. Mr. Zapp stated there was not one planned for that side of the building. Commissioner Siira stated the building would not be very visible from the street but expressed concern for area residents seeing the building from behind.
Commissioner Siira questioned if the use of more windows on the enclosed building would be of any benefit. Possibly adding windows on the upper panels of the overhead doors or possibly windows in the service doors may be of benefit even for security reasons. It looks like a windowless shell. Mr. Zapp stated they wanted to keep the windows to a minimum for security reasons.
Commissioner Siira suggested sky lights for some natural lighting in the building.
Ms. Carol Grundy, 9160 S. Nicholson Road, suggested allowing the church have the building because of the location and it would be a good use.
Mayor Bolender suggested the item be held for more aesthetically pleasing materials.
Rezone – Dance Studio
Part of 9160 S. Pennsylvania Avenue
Tax Key No.: 871-9997
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was requesting that a 2.2 acre portion of the property at 9160 S. Pennsylvania Avenue be rezoned from M-1, Manufacturing to B-3, Office and Professional Business to allow for the construction of a dance studio.
Commissioner Jackson questioned if the applicants were aware of the flood plain on the parcel and the restrictions. Mr. Fortin, Planner stated they were aware of the restrictions that would go with the parcel.
Commissioner Dickmann expressed concern for rezoning this area and being left with a vacant building if this was not a viable proposal. Mr. Cary Schmidt stated at this point they have roughly 75 students and are aware of the location and the challenges that go with the area. Most of the current students are located within the area.
Commissioner Kopplin questioned what the master plan called for in this area. Mr. Fortin stated it was to be planned industrial.
Commissioner Correll expressed concern for the area and the lighting for security purposes when the site plan comes up for review.
Alderwoman Lampe stated that there is currently a dance studio in and industrial area and it has never been a problem. This was a creative use of the area and a good use.
Commissioner Correll motioned that the Plan Commission recommend that the Common Council rezone part of the property at 9160 S. Pennsylvania Avenue from M-1, Manufacturing to B-3, Office & Professional Business after a public hearing.
Commissioner Foeckler seconds. Roll call, Dickmann; aye, Jackson; aye, Siira; aye, Foeckler; aye, Bolender; aye, Kopplin; nay, Correll; aye, Peterson; aye. Motion carries.
Rezone – Tri-City Bank
Part of 2555 W. Ryan Road
Tax Key No.: 903-9028
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was requesting that part of their property at 2555 W. Ryan Road be rezoned from B-3 with a Conditional Use for a group day care facility with an outdoor activity area to B-4 Highway Business. All of the surrounding parcels are zoned B-4, Highway Business.
Mr. Gary Kaufmann, Tri-City Bank, stated they would like to have the property rezoned back to the original zoning because the day care center that it was zoned for was never built.
Commissioner Kopplin questioned if there was a cross access easement on the property. Mr. Kaufmann stated there was.
Commissioner Peterson motioned that the Plan Commission recommend to that the Common Council rezone part of the property at 2555 W. Ryan Road from B-3 (CU) Office & Professional Business to B-4, Highway Business after a public hearing.
Commissioner Kopplin seconds. Roll call, all voted aye. Motion carries.
Rezone and Conditional Use – Southfield Apartments Expansion
Rezone and Conditional Use: 6955 S. 13th Street
Conditional Use: 6871 & 6883 S. 13th Street
Tax Key No.: 736-9000-004, 736-9000-003 & 736-8998-001
Mr. Jeff Fortin, Planner, explained to the Commission that the applicant was requesting that the property at 6955 S. 13th Street be rezoned from Rs-4, Single Family Residential to Rm-1, Multi-Family Residential with a conditional use for multiple-family dwellings in excess of four (4) dwelling units per structure. In addition the applicant is requesting that a conditional use be granted for the properties at 6871 S. 13th Street to allow for multiple-family dwellings in excess of (4) dwelling units per structure. This would allow for the expansion of the Southfield apartment complex.
Commissioner Kopplin questioned if the notification area was expanded beyond the 300’ to include Janet Drive. Mr. Fortin, Planner stated an expanded area was not requested.
Alderwoman Lampe questioned if an additional driveway was planned. Mr. Fortin, Planner explained a driveway would be added off of 13th Street and tie in with Green Hills Drive.
Mayor Bolender stated the impact on the City would be greater than that of the existing Rs-4 zoning. Mr. Mark Wimmer, Wimmer Brothers, explained the Rs-4 zoning currently on the site only occupies a small corner of the site. The zoning requested would not increase the total number of units but would allow them to be packaged within an eight family building rather than a four family building. The site has been upgraded substantially since Wimmer purchased the site. Some of the past issues with the development could be taken care of at this time. This proposal would eliminate the need for emergency access from Janet Drive. The concern would be for a secondary access to Janet Drive. The plus would be that this is an upgrade to the existing development and would allow for recreation facilities such as a community center, fitness room, pool and laundry facilities. It is currently zoned for this use except for the small corner on the north end and would solve some of the problems with the earlier project.
Mayor Bolender explained this project would impact the schools and emergency services and is a step backwards for the City. The higher the density on the site the more problems for the City.
Commissioner Siira clarified the area to be rezoned. Mr. Fortin, Planner explained only the smaller portion on the north corner would be rezoned the rest of the site would need a conditional use and is currently zoned Rm-1.
Mr. Wimmer explained the density was not being increased it would simply allow for the creation of eight family units instead of the four unit buildings. Mr. Fortin, Planner also stated the overall density of the site would be the same it was just a matter of how the density was spread out on the site.
Alderwoman Lampe requested a site plan that showed that the four unit density would fit on the site with the wetlands.
Commissioner Dickmann explained the existing density is 10.5 units per acre as per the ordinance the addition would be 10.1 per acre. It seems that they are jamming too much on the site. Parking seems to be a problem with the current complex and he is not happy with the addition.
Assistant Fire Chief George Krudop explained the site is challenging as far as access. The roads are narrow and there is only one entry point if you don’t include the Janet Drive emergency access. Not speaking to density the road would be a large improvement and would give the Fire Department several access points with the proposed development. It will not alleviate congestion on the southern portion of the project it would only allow for better access.
Commissioner Kopplin questioned if the proposed road would be wider than the existing roads. Assistant Fire Chief George Krudop stated the current code requires wider access roads than were required when the southern portion was constructed.
Mr. Wimmer explained they would be using the existing zoning and buildings would only cover 14% of the site, 66% of the site would be green space, exclusive of buildings and parking. There have not been any current issues with parking on Janet Drive and have worked out street parking issues with the Fire Department in the current development.
Commissioner Correll questioned what the benefit of the eight family units would. Mr. Wimmer explained it would be for site design. Clustering would be used to allow for more of the site to be devoted to open space.
Commissioner Foeckler questioned how the amount of buildings would be doubled on the parcel without the conditional use. Mr. Wimmer explained they would reconfigure the type of building that was being used and reduce the amount of open space. The size of the units would have to be reduced along with the amount of covered parking and the size of the recreation package. The concept is to cluster the improvement to get a better site plan with more green space.
Commissioner Kopplin questioned if the wetlands were included in the amount of green space and expressed concern for the drainage in the area.
Mr. John Rybacki, 6903 S. 13th Street, expressed concern for pedestrian traffic through his yard and pets from the complex on his yard. He would not like to see the existing pine trees and berm removed as part of this new development. Additional multi-family is not desirable but it is zoned for that and he would like a fence or something to give him some privacy.
Commissioner Dickmann expressed concern for the additional traffic added onto 13th Street before the reconstruction of the street.
Mayor Bolender stated the site was too dense and it would affect the life quality of people in the area and the entire City of Oak Creek.
Commissioner Correll would like to see a plan that showed that four family units could fit on this site and the single family homes in the area need to be addressed.
Mayor Bolender requested signs on the complex to keep tenants from the single family lots to get to 13th Street.
Commissioner Kopplin moved to hold. Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Temporary Use – Bil-Aire Homes, Inc. (Willow Creek Estates)
1701 E. Oakwood Road
Tax Key No.: 958-9025
Mr. Jeff Fortin, Planner explained to the Commission that Bil-Aire Homes were requesting Plan Commission approval for a temporary sales trailer at 1701 E. Oakwood Road. The trailer would be used for homes sales in the Willow Creek Estates subdivision.
Mayor Bolender questioned if there would be a parking area and if so what type of materials would be used. Mr. Fortin, Planner stated it would be a gravel parking area that would be removed when the trailer was removed.
Commissioner Dickmann questioned the sewer and water connections to the building. Mr. Scott Biller, Bil-Aire Homes, explained there were no toilet facilities on the site because there would only be one employee on site.
Assistant Fire Chief George Krudop pointed out this was a temporary use for zoning in use only and the State Building Code stipulates that anything over 90 days would need to meet all building codes as a structure.
Mr. Biller stated there were no facilities in the building that would need to be connected to the sewer and water lateral. Mayor Bolender explained that Bielinski Homes was required to connect with their trailer and Bil-Aire Homes would also be required to connect.
Mr. Biller questioned if the building was moved after 90 days would he still be required to connect to sewer and water. Mayor Bolender stated that was correct but the building must be gone after the 90 days.
Commissioner Correll motioned that the Plan Commission approve the temporary use of 1701 E. Oakwood Road subject to the following conditions:
1. The trailer must be removed from the site no later than five (5) months after final plat approval or April 12, 2006, whichever comes first.
2. Regardless of less than or more than 90 days the trailer must meet all building and fire codes before permits are issued.
3. The hours of operation are limited to Wednesdays from 3:00 p.m. to 7:00 p.m. and Saturdays and Sundays from 12:00 p.m. to 5:00 p.m.
Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Sign Plan Review – PDQ Gas Station, Car Wash & Convenience Store
6300 S. 27th Street
Tax Key No.: 715-9997
Mr. Jeff Fortin, Planner explained to the Commission that the applicant was returning to the Commission after approval of the site and building plans for the PDQ gasoline service station, convenience store, and car wash, subject to the applicant returning to the Plan Commission for sign approval.
Commissioner Correll motioned that the Plan Commission approve the sign plan as submitted to include the car wash sign.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Sign Review – Ryan Road Self Storage
840 W. Ryan Road
Tax Key No.: 876-9003
Mr. Jeff Fortin, Planner, explained to the Commission that Ryan Road Self Storage was requesting approval of a wall sign that will be placed on the west elevation of their caretakers and office building.
Commissioner Siira inquired if the applicant had considered putting the signage on the end gable of one of the storage buildings as opposed to the caretakers building. The signage would be less obtrusive if it was on one of the self storage buildings.
Mayor Bolender commented if the sign was on the self storage buildings would be a better idea because signs on the caretakers building would degrade the building itself.
Commissioner Peterson commented it was out of proportion to the building.
Commissioner Correll questioned what square footage of signage they were allowed. Mr. Fortin, Planner explained both sets of signs submitted would meet the code according to the Building Inspection Department. They are allowed to have one wall sign and one monument sign.
Mr. Steve Burhaska, Michaels Sign Co., explained his company designed the monument sign and that each company would be allowed their own monument sign but Cummins and Ryan Self Storage decided to combine into one sign to limit the amount of signage. They are within the sign limits allowed.
Commissioner Dickmann commented the caretakers building looks very nice and he would hate to see the building overpowered by such a large sign.
Alderwoman Lampe stated she was on the Council when the project was approved and there where people very opposed to this facility going at this location in the first place. They should not be allowed an amendment to the agreement that allowed only the combined sign. The Commission and Council already made concessions because of the location of the buildings in the first place.
Commissioner Kopplin commented that she changed her vote to allow the buildings in the current location because they started construction with the buildings in the wrong location.
Commissioner Correll stated in comparison to the Cummins sign and the size of the building and this sign and building size is quit a bit different. Mr. Burhaska explained they were not trying to demand more sign than is allowed by the City, they where not aware of any stipulations regarding a wall sign at this site. He was trying to work within the guidelines of the City. Commissioner Correll stated the owner of the building should be present at the meeting to address the concerns of the Commission.
Commissioner Peterson would like to see alternatives to red illuminated letters on a wall. Besides the size there is more that can be done with the signs.
Commissioner Correll commented this was not a logo like the Cummins building it was just a large sign.
Mr. Fortin, Planner suggested they go back to the owner and suggest that they put something on the storage buildings themselves. Those are the self storage building and it would not detract from the caretaker’s facility.
Commissioner Kopplin commented she did not like the red letter at all and would prefer another color.
Mayor Bolender explained the owner was given guidance from the Commission and the Council on what needs to be done at the site and this is not going to work. Mayor Bolender suggested the owner be present if this sign plan returns to the Commission.
Commissioner Correll explained the site plan would never have been approved with a sign on the side of the caretakers building.
Commissioner Peterson motioned that the wall sign for the property at 840 W. Ryan Road not be approved.
Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Zoning Text Amendment – Changing the process for sign appeals
Mr. Jeff Fortin, Planner, explained to the Commission that the ordinance would change the review authority for sign appeals from the Board of Appeals to the Plan Commission. Plan Commission would have more authority to review appeals from the sign ordinance.
Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that the Plan Commission agrees with the drafting of the ordinance.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Zoning Text Amendment – 27th Street Overlay District & Urban Village District
Mr. Jeff Fortin, Planner explained to the Commission there were two draft ordinances for the 27th Street Overlay District and the Urban Village District. The ordinances contain design guidelines as well as permitted and conditional uses in each of the districts established in the 27th Street Corridor Plan and the 27th Street Sub-Area Plan.
Mayor Bolender questioned if any changes had been made. Mr. Fortin explained it was done in a little more detail. They were split down into specific details instead of an open ended item such as specialty retail shops. The types of uses remain the same.
Commissioner Kopplin questioned if there was not an overlay district on the mixed use neighborhood district. Mr. Fortin explained what was meant by the “NO” was Neighborhood Overlay District.
Commissioner Kopplin questioned if any home occupations was an allowed use in the residential districts. Mr. Fortin stated home occupations would be limited to the home occupation ordinance that was currently in the Zoning Ordinance. Commissioner Kopplin requested it be indicated that the home occupations refers back to the other ordinance.
Commissioner Dickmann questioned how a home occupation that was not listed was dealt with. Mr. Fortin explained if it was something that was being seen a lot the ordinance could be revised or if it was something similar it would come back to the Plan Commission.
Commissioner Foeckler motioned that the Plan Commission recommend to the Common Council that they adopt the 27th Street Overlay District and Urban Village District with the addition to the ordinances that any home occupations go through the current channels of approval.
Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Plan Review – Howell Oaks Retail Center
8201 S. Howell Avenue
Tax Key No.: 811-9009-004
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was returning to the Commission from the March 22, 2005 Plan Commission meeting where the item was held because the Plan Commission wanted additional information about the development of Outlot 1.
Mayor Bolender questioned if the berm would match the berm on the Northern Computers site on the south side of Forest Hill. Mr. Michael DeMichele, Willow Tree Development, explained the landscaped berm would be continuous except for points where there are sidewalk connections to enter the development from the sidewalk. He explained the architecture for the Taco Bell/Long John Silver building and how they would go with the multi-tenant building.
Alderwoman Lampe suggested a break in the berm earlier for people to enter the development. Mr. DeMichele explained there were no sidewalks on Forest Hill and the sidewalks on Howell Avenue is in at this point and he would be happy to make one connection further to the north if that was requested. Alderwoman Lampe also requested a slash opening to make it more visually pleasing from Howell Avenue. Mr. DeMichele agreed to use the slash openings.
Commissioner Correll commented the concerns were addressed from the previous meeting and if the DOT does not see a concern with the traffic then it should be acceptable. Alderwoman Lampe explained the DOT does not always see the problems before they are there. If traffic is funneled to the intersection it will be safer. There is no problem with the left in she would just like to see a right out only.
Mayor Bolender suggested the exit be a right out only to prevent accidents.
Commissioner Siira questioned if the pedestrian striping could not go down the middle of the drive isle perhaps by sacrificing some landscaping in the median area. Mr. DeMichele stated he should be able to achieve that in the median. The drive isles are required as a buffer zone in the B-4 zoning. There could be a property line in the future in that area and as long as it is not a problem splitting the property in the future he would put the sidewalk in the potential property line.
Mayor Bolender stated the slashed entrances should face the northwest.
Commissioner Siira questioned the drive thru element on the south side of the building and if there was a way to use the drive thru if you entered from Howell Avenue without going around the entire building. Mr. DeMichele stated it could be solved with signage on the development which is not shown on the plan.
Commissioner Dickmann like the fact the building was moved 25 feet to the west.
Commissioner Siira stated he liked the looks of the Taco Bell building and thought it was visually appealing. He questioned the width of the drive thru lane and if it was an escape lane. Mr. DeMichele stated that was the case.
Commissioner Dickmann questioned if the rooftop mechanicals would be screened. Mr. Arvin Park, YUM Brands, stated they would be covered by parapet walls.
Ms. Jackie Taylor, 8375 S. Howell Avenue, expressed concern for no U turn signs at the intersections.
Alderwoman Lampe questioned the median opening and the safety situation with entering and exiting the site. She would like to see a right out only. Mr. DeMichele explained this was a state highway and they were granted permission for the driveway and additionally they were required to put in the entire left turn lane. The DOT does not see a need or a concern about safety at this intersection.
Commissioner Dickmann motioned that the Plan Commission approve site, building and landscaping plans as presented for the property at 8201 S. Howell Avenue, subject to the following conditions:
1. That all building and fire codes are met prior to the issuance of building permits.
2. That the Water and Sewer Utility approves all water and sanitary sewer plans prior to the issuance of building permits.
3. That the final landscaping plan is approved by the City Forester and the Water and Sewer Utility prior to the issuance of building permits.
4. That grading and stormwater management plans are approved by the City Engineer prior to the issuance of building permits.
5. No signs on the Taco Bell/Long John Silver’s property or the main property are part of this approval.
6. That the applicant returns to the Plan Commission with an overall sign plan for the entire development.
7. That the applicant revises the front (east) elevation to incorporate some type of window element above the Taco Bell Sign.
8. That other comments presented to enhance the building are taken care of.
Commissioner Siira seconds.
Commissioner Peterson suggested being more specific on the conditions.
Commissioner Dickmann added:
9. That slash sidewalks be facing the northwest be added.
10. That the pedestrian sidewalk is relocated within the median as opposed to the parking lot.
11. That additional radius is added on the east end of the strip mall.
Commissioner Correll asked that condition 7 be removed.
Commissioner Dickmann moved to remove condition seven. There will be nine conditions.
Second concurs. Roll call, all voted aye. Motion carries.
Commissioner Kopplin motioned to adjourn. Commissioner Peterson seconds. Roll call, all voted aye. Motion carries. The meeting adjourned at 9:35 p.m.