MINUTES OF THE

OAK CREEK PLAN COMMISSION MEETING

TUESDAY, APRIL 26, 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 April 12, 2005, Plan Commission meeting.  Commissioner Siira seconds.  Roll call, all vote aye.  Motion carries.

Report on Significant Common Council Actions

Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the April 19, 2005, Common Council meeting.

Commissioner Dickmann questioned why the 27th Street overlay was held.  Mayor Bolender explained that it had not yet been properly advertised.

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 that the applicant was returning from the April 12, 2005, meeting where the Commission held the item so the applicant could explore the possibility of adding additional architectural features to the storage shed.  The applicant has determined that they would be able to add shingles and would like the Plan Commission to approve the building as submitted. 

Commissioner Peterson noted the Plan Commission requested more improvements than just the shingled roof. 

Commissioner Siira also noted that windows were a possibility for them to look into but there were security concerns and also financial concerns for the project.

Mr. Mark Zapp, St. Matthews, found the shingle option was within the budget and would enhance the building in a way that the Commission was looking for.  They are open to looking into windows if that would be an acceptable improvement to the Commission.

Commissioner Kopplin expressed concern for the Commission approving a metal building and setting precedence for future projects.  Mr. Fortin, Planner explained the Commission could wave the architectural standards and approve the metal building with a ¾ majority vote. 

Mr. Fortin, Planner received notice from Alderman Toman that he did not have any concerns with the building because it was setback far enough from the street and it should not be an issue for the neighborhood because of the visibility.

Commissioner Siira pointed out the problem with the metal paneling was that the façade of an institutional building shall be finished with an aesthetically pleasing material, minimum of 75% of the visible perimeter shall be finished with glass, brick or decorative masonry.   Technically the metal panel building does not meet the requirement and that is the issue with the building.  Windows would dress the building but pose some security problems.  The building is quite isolated but the precedent being set needs to be addressed on a case by case basis.

Mayor Bolender suggested St. Matthews use different materials for the walls such as a fake clap siding.  The Menard’s building is very limiting and they could get a building from dealers to the west that could give them more options.  The Menard’s building is very bare bones and a more pleasing building for the neighbors would be to have decorative siding on the building.  The Commission may be able to work something out if the type of materials were dressed up.

Commissioner Rolling also expressed concern for the precedence being set but was supportive because of the location and the building not being visible.

Commissioner Siira expressed concern for the metal siding looking in disrepair in a couple of years because the metal building could not be easily repaired if damaged.  He again suggested adding a concession window on the shelter side of the building and sky lights would also add to the look of the building and add natural lighting.

Mr. Mark Zapp, questioned if the Commission would be acceptable to a wood product material such as simulated wood grain.  Mayor Bolender explained as long as it gave the impression of a higher quality material that would be all the Commission was looking for.

Commissioner Correll pointed out the Commission was looking for 75% coverage and they were not even in the area of that on coverage and if it would be acceptable they would need to see an example of the materials being used.

Commissioner Dickmann expressed disappointment that further options were not brought back to the Commission from St. Matthews.  Mr. Zapp apologized because he felt the Commission would approve the building with the shingles after the last meeting. 

Commissioner Siira questioned if Menard’s had other options for the wall materials.  Mr. Zapp explained there was some flexibility with the options but he would have to talk further with Menard’s.

Mr. Zapp questioned if they only need to improve the front side of the building and what types of improvements would be required.

Commissioner Jackson explained he would be alright with allowing an exception to the point if the north and east side had some other type of panel system.  The Commission would need to see the materials being proposed. 

Mr. Zapp will explore other options and resubmit to the Commission in two weeks.

Commissioner Siira suggested they return with material samples for the Commission.

Mayor Bolender directed the item held.

The next two items were taken together as one item.

Certified Survey Map and Plan Review – Deshur Development (Country Oaks Apartments) Parking Lot Expansion

355 W. Sunnyview Drive and 330 W. Centennial Drive

Tax Key No.: 859-9009 & 859-9023

Mr. Jeff Fortin, Planner, explained to the Commission that the applicant was requesting approval of a certified survey map that would join the properties at 355 W. Sunnyview Drive and 330 W. Centennial Drive into one parcel.  They were also requesting approval of a parking lot expansion for the Country Oaks Apartments.  The parking lot would have 80 regular spaces and three handicapped spaces.

Commissioner Dickmann questioned the need for the additional parking and the location of the lot in relation to the apartment buildings.  Mr. Jim Deshur, Deshur Development, explained they would like to be able to have the option for tenants who may need a third or even forth parking spot.  Spaces would only be rented out to tenants and not anyone from the other apartment complexes. 

Mayor Bolender questioned if boats and RV’s would be allowed to be parked on the lot.  Mr. Deshur had not thought out the entire process for the lot but would like to be able to accommodate some oversized vehicles and not limit the number of spaces to any particular tenant.

Mayor Bolender expressed concern for the types of vehicles that would parked on the lot and would not want to see different things parked on the lot.  Mr. Deshur controls the vehicles that are currently parked in the open parking lot.  Any vehicles parked on the lot have to be drivable and presentable.  If it is not, it is not allowed.  The additional parking lot would not be a storage area for junk vehicles.  The complex needs to stay competitive in the market and additional parking is needed in today’s market.  They have maintained the complex for the last twenty-five years and have a good track record.

Mayor Bolender was not in favor of a parking lot for the extra car or boat.  This would be a target for theft and would create a nuisance. 

Mr. Deshur would have the parking lot landscaped so it would not detract from the apartment complex.  They were trying to take a twenty-five year old apartment complex and insure that it would be a viable complex in the future.  Mayor Bolender questioned how they would be able to police who was parking what on the lot.  Tenants could park vehicles for other people outside of the complex on the lot.  Mr. Deshur explained that could be happening with the second parking space at this time.

Mr. Fortin, Planner was not aware before this evening that RV’s were a potentially going to be allowed on the parking lot.  If the Commission felt comfortable with the parking lot a condition could be added to not allow for RV’s, trailers or boats.

Commissioner Correll questioned if other apartment complexes were offering three or more parking spots at this time.  Mr. Deshur stated it was not the norm but he would be looking to offer parking to the tenants who needed the spaces.  He did not want to lose a good tenant over parking issues.

Commissioner Peterson questioned the number of units in the complex.  Mr. Deshur explained there were 300 units in the complex and there would probably end up being fewer spaces than were actually drawn out on the site plan.

Alderwoman Lampe questioned if the Planner could obtain a report from the Police Department before it came before the Council to see if this would be something to invite mischief.  Mr. Fortin, Planner would get the report and also explained only the certified survey map would come before the Common Council.  Parking lots are permitted uses in the zoning district and the Plan Commission should review the site plan and give their feelings on the site plan as submitted.

Commissioner Foeckler questioned if the site plan met the green space requirements.  Mr. Fortin assured him that it did.  The green space comes out to about 37 % and the requirements by code are 30%.

Ms. Carol Grundy, 9160 S. Nicholson Road, commented apartment life was not easy and if additional parking would make life easier on someone the Commission should allow the parking lot.

Alderwoman Dimity Grabowski, Fifth District, suggested a wrought iron fence in place of a chain link and questioned if this was the highest and best use for this land. 

Alderwoman Lampe, questioned if the green space count was with the two parcels joined together.  Mr. Fortin, Planner, explained the green space was done as a total of the whole parcel joined together.  Alderwoman Lampe questioned what the green space would be if the parcels were not joined together.  Mr. Fortin did not have those numbers at the time but assumed they would be larger because the parcel being joined was almost all asphalt and building. 

Alderwoman Lampe questioned the need for joining the parcels.  Mr. Fortin, Planner, suggested to the developer to join the properties to make record keeping easier but it is not required.

Commissioner Foeckler commented a two acre parking lot in this area was not appropriate.  To put asphalt over grass was a poor use of land.  Mr. Deshur pointed out an eighteen unit apartment building could be built on the site and then there would be less green space then is currently being proposed.

Mr. Deshur was trying to enhance the apartment complex that they have maintained for twenty-five years and enhance it to keep it viable.  Commissioner Foeckler wished to maintain some aesthetic value for the area.  A two acre parcel of parking was not an option for the area.

Commissioner Peterson questioned if the market research indicated the additional parking was needed for the area.  Mr. Deshur did not do a market research but feels that there is a significant number of potential tenants who have chosen not to rent because the parking needs could not be accommodated.  It makes good business sense to try and do this project and do it in a way that will be a positive addition to the complex.  If the lot was a problem it would be removed.

Commissioner Kopplin stated Country Oaks Apartments came into the community because the City asked them to come through the Housing Authority.

Commissioner Dickmann expressed concern for other types of vehicles besides cars and trucks being parked on the lot.  He did not want to see it turn into a recreational vehicle parking lot.

Commissioner Rolling commented from a City perspective this was not the best use and did not add value to the location. 

Mr. Fortin, Planner, reminded the Commission this was a permitted accessory use and the focus should be on reviewing the site plan.  If the Commission did not like the site layout they could ask for changes at this time in the landscaping or the number of parking spaces.

Commissioner Peterson questioned if the parking spaces could be pushed closer to the apartment complex to reduce the total number of spaces and create more green space. 

Mayor Bolender questioned if the Fire Department had any problems with the parking lot.  Assistant Fire Chief George Krudop would like to see the length of the road for fire access addressed.  If RVs are to be stored on the site there would be issues with fire hydrants.

Mayor Bolender questioned if it would be possible to enter the driveway with a truck if there was a car fire.  Assistant Fire Chief George Krudop would need to have a 20’ width for fire access roads and turning radiuses would have to be met.  Mr. Fortin explained it could be accommodated if the island was removed from the driveway. 

Alderwoman Lampe questioned if it would be a site problem from the driveway with the landscaping on the curve.  Mr. Fortin explained there was a vision triangle left with the landscaping and this may be the best spot for visibility.  Alderwoman Lampe questioned if the landscaping should be backed off to allow for better visibility.  Mr. Fortin suggested using lower level landscaping.

Alderwoman Lampe also suggested using a decorative type of fencing.  Mr. Fortin explained the applicant had agreed not use any fencing around the stormwater pond and staff would prefer to see no fencing at all unless it was more decorative.

Commissioner Kopplin expressed concern for the close proximity of the park and the stormwater pond.  She would like to see the detention pond fenced to protect children that may wander over to the water from the park.  Mr. Fortin explained the Fire Department and the Engineering Department would prefer not to see a fence around the stormwater pond.

Commissioner Dickmann suggested putting the parking area closer to the apartments to keep the land closer to Centennial as mostly green space. 

Mayor Bolender would like to see the hydrants addressed and the parking areas pushed closer to the apartments and landscaping added to block the visibility from the streets.

Mr. Fortin, Planner, was not aware of the possible RV parking so the issues were not addressed in the staff report.  The spaces do not allow for RV parking and if the applicant does return to the Commission the spaces should be designated on the site and suggested they be hidden.

Commissioner Correll questioned if the Commission had the ability to keep RVs out of the parking lot.  Mr. Deshur stated the storage of boats or RVs would not be a good idea and they would not allow them on the site.  They would restrict the site to cars, trucks and motorcycles.

Mr. Fortin would like a letter to the City from the applicant agreeing to not have RVs, boats and trailers on the site.  Mr. Deshur would limit the site to Class A vehicles.  The site would not be a used on a daily basis by all tenants.  It is a somewhat remote site and would be used to store the extra vehicles of the tenants.

Commissioner Foeckler questioned if an outdoor storage facility was a permitted use for the site.  Mr. Fortin stated the permitted use would be an accessory use parking lot for the use of the apartments.  The site may not meet the definition of storage because it is only for apartment tenants.

Assistant Fire Chief George Krudop requested an area for snow storage to ensure access for the Fire Department.

Alderwoman Lampe questioned the reasoning behind having the entrance off of Centennial rather that from within the complex.  Mr. Deshur did not want to have all the traffic for the parking lot being taken on by one apartment building.  They would also like to install an electrically controlled gate and it would work best with an entrance from the street.

Commissioner Siira questioned how the entry gate would be controlled.  Mr. Deshur explained it would either be with a code pad or a pass card.

Commissioner Siira commented the 25 foot dimension for the landscaping berm is more than enough.

Commissioner Dickmann agreed with Alderwoman Lampe that since this was going to be an accessory to the apartment complex it should gain access from the apartment complex.  The landscaping could be done more effectively and the lot could be laid out better without access from Centennial.

Commissioner Foeckler suggested doing the lot in phases to see if the need was actually out there for the additional parking.  Mr. Deshur would not be able to do the parking lot in phases because the whole lot would need to be graded and the stormwater needs to be done.

Mr. Fortin, Planner, explained if less than half an acre of parking was added the stormwater management would not be required at this time.

Mr. Deshur commented he would sit down and try and redo the plan to make it more acceptable to the Plan Commission.

Mayor Bolender directed both items held until such a time that the owner returns to the Commission with a revised site plan with additional landscaping and a reconfiguration of the parking lot.

Rezone and Conditional Use – Early Childhood Educational Center, Inc.

10479 S. Chicago Road

Tax Key No.: 962-9980

Mr. Jeff Fortin, Planner, explained to the Commission the applicant was requesting that the property at 10479 S. Chicago Road be rezoned from B-2, Community Business to B-3, Office and Professional Business with a conditional use to allow for a day care center with an outdoor activity center.

Mr. Ted O’Leske, Early Childhood Educational Center, is currently leasing a building and is looking to purchase a building and sees this building as a great opportunity.  Commissioner Dickmann commented this would be a good location for the business.

Mayor Bolender questioned if there was a right-of-way from the building to the school.  Mr. Peter Brunette, 10474 S. Chicago Road explained the two properties adjoin each other in the back.

Mr. Fortin, Planner explained there is not a right-of-way at this point but it would be a great opportunity to have one to connect to the school.  Mr. O’Leske was in agreement with a right-of-way if the District had no objections.

Mr. Brunette expressed concern for this business across the street for the safety of the small children and the amount of traffic on Highway 32 and the speed of the traffic.  He does not want the business across the street and he would prefer to see a bar or a restaurant. 

Mrs. Patricia Brunette, 10474 S. Chicago Road also expressed concern for an additional business and the amount of traffic it would create.  The assisted living center would not like the amount of noise coming from this business.

Commissioner Peterson questioned if the play area would be fenced.  Mr. O’Leske explained the play area would be fenced and in the rear of the building as required by the State.

Alderwoman Grabowski pointed out that Mr. and Mrs. Kluney of 10445 S. Chicago Road were opposed to the rezoning.  She also questioned if this would be a locked facility.  Mr. O’Leske stated it would be locked.

Commissioner Siira questioned the 60’ dedication on the site plan.  Mr. Fortin explained the dedication did not exist and it would be taken care of with the technical corrections on the site plan review.

Commissioner Foeckler commented he was surprised with the neighbor’s objections to a daycare facility in contrast to a restaurant that could be open till midnight or later.  Mr. Brunette stated he would prefer to see restaurant or bar for safety reasons.

Mr. O’Leske explained the traffic pattern for a typical day in his business.  In the morning from about 6:30 – 8:30 there is about one or two cars at a time.  At 8:30 preschool starts and there could be about 10 to 15 vehicles and then again at 11:30 when preschool ends.  Between 11:30 and 4:00 traffic is very sporadic with about one or two cars at a time.  From 4:00 to close there may be 4 or 5 cars at a time. 

Commissioner Correll explained the traffic would be considerably less with a day care center than a restaurant.  A restaurant could not survive on that amount of traffic and is why the building is currently vacant. 

Commissioner Kopplin questioned if the building would be locked from the inside to keep the children in or have a fence in the front yard.  Mr. O’Leske explained the children never leave the facility with the parents by their side.  There cannot be latches on the inside for fire safety reasons.

Commissioner Peterson questioned if the front door could be alarmed to indicate if someone was leaving the building.  Mr. O’Leske was open to that suggestion and would look into that.

Mrs. Brunette expressed concern for the noise level for the assisted living facility.  Commissioner Correll explained there would be more noise coming from the school than from the day care center.

Alderwoman Grabowski questioned if the assisted living facility was notified of the meeting.  Mr. Fortin assured her they were notified and did not comment either positive or negatively to the rezoning.

Commissioner Dickmann commented he has visited the current facility and sees no problem with the children in the parking lot or on the road.  The staff at the facility has very good control of the children.

Mr. Leroy Cluney, 10445 S. Chicago Road, stated this was a residential area not a business area.  He would be opposed to any change in the zoning.

Mr. Fortin, Planner explained under the current zoning the use could be a more intensive use with noise, traffic and lighting.  This type of use would fit better in a residential neighborhood than the current zoning would allow.

Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that the property at 10479 S. Chicago Road be rezoned from B-2, Community Business to B-3, Office and Professional Business and that a conditional use for a group day care with an outdoor activity area be granted after a public hearing and subject to conditions and restrictions that will be prepared for the Commission’s review at their next meeting.

Commissioner Rolling seconds.  Roll call, all voted aye.  Motion carries.

Use Approval – Diamond Express Parking Lot Expansion

9810-9840 S. Ridgeview Drive

Tax Key No.: 903-0010 & 903-0011

Mr. Fortin explained to the Commission the applicant was requesting approval of a parking lot expansion for Diamond Express.  The parking lot will be located towards the rear of the property and will have room to park 24 semi-trucks.  The parking lot will be under a ½ acre, so no stormwater management plan is required.

Mr. Fortin also reported the neighbor across the street submitted a letter of objection regarding trucks parked on Ridgeview Drive.  This parking lot would eliminate Diamond Express from having to park vehicles on Ridgeview Drive.

Commissioner Correll commented this would solve the problem for the neighbors and he could not think of a more acceptable location for a truck parking lot.

Commissioner Kopplin questioned the amount of green space on the site if this was approved.  Mr. Fortin thought there would be roughly 66% green space.

Mr. Patrick Crowley, Owner, about four years ago they tried to park the trucks behind the building and get them out of site.  This parking lot would allow them to drive right into the facility forward instead of backing into the facility.  The have damaged the neighbors yard and this would take care of that problem.

Commissioner Kopplin questioned if Rebecca would be looking at the landscaping plan for the site.  Mr. Fortin explained that would be done at the time of plan review.

Commissioner Correll motioned that the Plan Commission approve the use of the properties for the parking of trucks and trailers, subject to the applicant returning to the Plan Commission for site and landscaping approval.

Commissioner Foeckler seconds.  Roll call, all vote aye.  Motion carries.

Commissioner Kopplin motioned to adjourn.  Commissioner Peterson seconds.  Roll call, all voted aye.  Motion carries.  The meeting adjourned at 9:24 p.m.