MINUTES OF THE
TUESDAY, JUNE 28, 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 Grabowski, and Commissioner Peterson. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of June 14, 2005 Plan Commission meeting with changes. Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Commissioner Correll arrived at 7:15 p.m.
Report on Significant Common Council Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the June 21, 2005, Common Council meeting. There were no comments or concerns from the Commission.
Plan Review – TCF Bank
8995 S. Howell Avenue
Tax Key No.: 859-9040
Mr. Jeff Fortin, Planner explained to the Commission the applicant was returning from the June 14, 2005 meeting where the Plan Commission held the item and instructed the applicant to improve the northern exit driveway. The applicant submitted a revised site plan that should alleviate some of the traffic concerns.
Commissioner Siira liked the triangular area in the parking lot to direct the traffic out of the site.
Commissioner Dickmann questioned the reasoning behind recommending moving the northern edge of the parking lot six feet. Mr. Fortin there would still be 20 feet from the edge of the overhang and there would be more of an opportunity to provide landscape screening between the two properties.
Mr. Mike Doble, Landcraft Survey and Engineering commented the parking that faced Howell Avenue was eliminated and the suggestions made by planning staff would be agreed to.
Commissioner Peterson questioned the reasoning for not moving the ATM to the west. Mr. Mike Peine, Integrated Building Solutions, felt there was enough room for stacking at that location. He also commented the parapet wall for the mechanicals should be sufficient screening.
Commissioner Siira suggested relocating the pedestrian crossing. Mr. Peine explained it was currently in the best location for the site because of the elevation changes on the site and it would be one-way traffic at its current location.
Commissioner Jackson commented he would still like to see the building rotated but this plan was an improvement from what was presented earlier.
Commissioner Dickmann motioned that the Plan Commission approve the site, building and landscaping plans for TCF Bank, subject to the following conditions:
1. That a revised site and landscaping plan incorporating a larger landscaped island, additional plants along the eastern edge of the parking lot, relocated ATM, and the reduced width of the bypass lane are approved by the City Forester and Department of Community Development prior to the issuance of building permits.
2. That all building and fire code requirements are met.
3. That grading plans are reviewed and approved by the Engineering Department prior to the issuance of building permits.
4. That the parapet wall height is increased to screen all rooftop materials.
Commissioner Siira seconds. Roll call, Dickmann; aye, Jackson; nay, Rolling; aye, Siira; aye, Foeckler; aye, Bolender; aye, Grabowski; aye, Correll; abstain, Peterson; aye. Motion carries.
Assistant Fire Chief George Krudop explained to the applicant the City of Oak Creek has several fire prevention code requirements that exceed the Wisconsin State Code and presented the applicant with a copy of those requirements.
Plan Review – Oak Creek Court
2345 W. Ryan Road
Tax Key No.: 903-9008
Mr. Jeff Fortin, Planner explained to the Commission the applicant was requesting approval of site, building, and landscaping plans for a multi-tenant retail center at 2345 W. Ryan Road. The property is currently zoned B-4 (PUD), Highway Business. The proposal meets all the requirements for the zoning district.
Commissioner Grabowski questioned the cross access easement issue. Mr. Craig Whitehead explained they were currently in the process of working with Cousin’s on that issue.
Commissioner Siira questioned if the applicant would be willing to eliminate the EFIS band and go with brick. Mr. Randy Goll, KVG, understood the concerns of staff and the Commission but felt the EFIS would give them more flexibility with the retail tenants and the amount of space they may want to use. Commissioner Siira questioned if they may be willing to add brick all they way up on the pier elements and requested piers on the side elevations. Mr. Goll would consider that suggestion of brick piers but did not want to add the piers to the side elevations any further than they already exist. Commissioner Siira commented the signs on the center of the building may get lost if they were not a larger size.
Commissioner Correll wanted to know if the cross-access with Cousins fell through would the deal be dead. Mr. Goll explained they already have access they just don’t have access for large trucks over 10,000 pounds.
Commissioner Grabowski expressed concern with the color of the canopy and felt it was unattractive. She also requested renderings of the proposed signage. Mr. Goll stated they would be coming back to the Commission in two weeks for a variance on the signage for the setback.
Commissioner Foeckler commented he would prefer to see the ground mounted sign and would like to see them come back to the Commission in two weeks with a sign package. He also expressed concern for the EFIS finish on the building. Mr. Goll explained it would be cost prohibitive to replace the EFIS with all brick and the building would look flat. Mr. Whitehead suggested they put brick all the way up on the piers if that would resolve some of the issues the Commission had with the building. Commissioner Foeckler stated that would not be enough to resolve his issues with the building. Mayor Bolender also stated he would need to see more changes.
Commissioner Grabowski thought aesthetically there was room for improvement. She again expressed concern for the blue canopies.
Commissioner Peterson felt the middle section of the building needed more dimension. Mr. Goll suggested running the center column all the way to the top to allow for signage on either side of the pier.
Commissioner Siira like the color scheme of the building and suggested varying the parapet wall for more flexibility for the tenants.
Commissioner Correll did not have any issues with the color of the canopy and agreed with Commissioner Siira on the colors for the building and the raising of the parapet wall.
Commissioner Rolling commented the building was generally attractive and was almost there but needed some additions. Large signs would cheapen the look of the building and she would like to see the signs stay the way there are.
Commissioner Foeckler commented the center section of the building had too much EIFS.
Mayor Bolender directed the item held.
Plan Review – Henkel Corporation
500 W. Marquette Avenue
Tax Key No.: 765-9045
Mr. Jeff Fortin, Planner explained to the Commission the applicant was requesting approval of a building addition for the Henkel Corporation, located at 500 W. Marquette Avenue. The addition will consist of a two story office addition onto the south elevation and a loading dock addition onto the west elevation.
Commissioner Siira questioned the height difference between the addition and the existing building. Mr. Greg Kempen, Zimmerman Design Group, stated it would be about six feet. Commissioner Siira expressed some concern for the difference in height between the addition and the existing building.
Mayor Bolender commented he liked the plan and felt it would fit in with the neighborhood.
Commissioner Peterson motioned the Commission approve the site, building and landscaping plans subject to the following conditions:
1. That the final landscaping plan, including additional internal parking lot landscaping, is approved by the City Forester prior to the issuance of building permits.
2. That all building and fire code requirements are met.
3. That final grading plans are reviewed and approved by the Engineering Department prior to the issuance of occupancy permits.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Assistant Fire Chief George Krudop explained to the applicant the City of Oak Creek has several fire prevention code requirements that exceed the Wisconsin State Code and presented the applicant with a copy of those requirements.
Plan Review – First Supply Milwaukee Site - Plan Revisions
7550 S. 6th Street
Tax Key No.: 782-9033
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was returning to the Plan Commission to request a modification of the approved site and building plan received on January 28, 2005.
Mr. Kevin Miller, First Supply Milwaukee, explained they have a significant amount of heavy traffic in the rear of the building and that they would like to have gravel instead of the originally approved pavement. Mr. Joe Malucha, MSI General, explained the entrance to the property was only 32 feet wide and if you were heading north on 6th Street you would not be able to see the gravel lot in the back. Landscaping would be used to screen that area from the general public.
Mayor Bolender commented the Commission approved the plans in January and they were not aware of any problems with the asphalt at that time. Mr. Miller explained he was not involved with the project at that time. Mayor Bolender suggested putting in concrete if the asphalt was going to be a problem.
Commissioner Jackson commented with semi-truck traffic you would need approximately three inches of asphalt or more. Mr. Malucha considered using eight inches of sub grade with four inches of asphalt but it would be cost prohibitive.
Mayor Bolender questioned the original plan. There did not seem to be a problem with the plan in January and this modification would be a subdued quality.
Commissioner Grabowski commented they would need to make the original plan work.
Commissioner Rolling would like to see the area paved. Mr. Malucha explained the original plan did not include the expanded parking area and that has necessitated the changes. Commissioner Rolling questioned if the resources were all going to the front parking area. Mr. Malucha confirmed that was the case but there was not access by the general public to back parking area.
Commissioner Correll motioned that the Commission not approve the site plan revisions.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Preliminary Plat – Mallard Creek
10026 & 10140 S. Nicholson Road & 1834 E. Oakwood Road
Tax Key No.: 921-9993-002, 921-9989-004, & 921-9986-003
Mr. Jeff Fortin, Planner explained to the Commission Country Creek Homes was requesting preliminary plat approval for the Mallard Creek subdivision. Staff is comfortable with the preliminary plat being approved at this time as long as there is a condition that no permits for any work on this site are issued until the new floodplain maps are approved.
Mayor Bolender questioned the size of the lots. Mr. Mike Doble, Landcraft Survey and Engineering stated the lots were an average 20,000 square feet. The smallest lot was 12,101 and the alderperson for the district has suggested removing the lot. The maximum lot size is 46,000 square feet which is in excess of an acre. The street patterns were laid out a year ago with the master plan amendment. The lot sizes are as big as possible without making it infeasible for the developer to develop the site. The northly section of the site is fifteen lots and there have been design and engineering plans reviewed by the Engineering Department. The intent is to develop the first fifteen lots and then the southerly lots 16-52. There are some stormwater management issues that will be addressed with the neighbors.
Commissioner Dickmann questioned if there was going to be a temporary cul-de-sac. Mr. Doble intended to put an offset temporary cul-de-sac.
Mayor Bolender questioned if the ground was checked for environmental problems. Mr. Doble did have wetland delineations done. Mayor Bolender stated they would find black top on the site.
Commissioner Grabowski informed the Commission there have been several neighborhood meetings and she encouraged them to express their concerns. She pointed out that Mr. Gainey was very sensitive to the fact that the Commission would like to see the larger lots in this area.
Mayor Bolender expressed concern for drainage problems with this development. He also expressed concern for the size of the lots.
Commissioner Peterson commented lots 48 and 49 would be two small to put a house on with the wetlands on the properties. Mr. Doble explained the wetland protection area was depicted on the site plan so the wet land on the site was not as significant as it may first appear.
Mr. Kenneth Rehfeldt, 10141 S. Nicholson Road, commented his house was directly opposite Ballas Drive and would like a description from the developer on how his lot would be screened from the traffic that would be coming out of the development. Mr. Doble explained after the map amendment one year ago they went to the Rehfeldt’s home to look at the concern. The road would be right across from their living room and a commitment was made to creating a T-drive or turn around on the driveway and also on the north half of their yard they would put a berm built to their specifications that would be satisfactory for blocking out the head lights from their living room. We will provide them something in writing with a graphic presentation of the berm and landscaping.
Commissioner Grabowski requested a copy for the file. Mayor Bolender suggested Mr. Rehfeldt get the agreement in writing.
Mr. Tobe Sider, 10060 S. Nicholson Road, expressed concern for his parcel being land locked. Mr. Fortin clarified it was not a lot but was listed as an outlot and would be a substandard lot in the Rs-3 zoning district. The Council did approve the official map amendment for this area last year.
Commissioner Grabowski commented there have been discussions with the developer and Mr. Sider regarding selling the lot. Mr. Sider does not want to sell the lot because it is valuable but would like to gain access to the lot from the new streets. Commissioner Grabowski explained there was not enough frontage for the outlot to become a lot because he would need 80 feet.
Commissioner Correll questioned the value of a substandard outlot that did not have enough street frontage to build on. Mr. Sider would like to make this a flag property.
Commissioner Foeckler stated a flag lot would not be allowed. Mr. Sider wanted to put a driveway coming from the new subdivision.
Commissioner Jackson commented with the street map change and plat the only way would be to some how incorporate the outlot into the development. Mr. Sider commented he was never contacted by the developer. Mr. Doble commented the offer was on the table to buy the property at fair market value. Mr. Jim Gainey, Country Creek Homes explained this was discussed at the neighborhood meeting and they offered to purchase the property and incorporate the property into the development. Mr. Sider does not want to sell his property.
Mr. Doble explained there are three other outlots that abut the development and the owners of those properties did not want to sell and in fact wanted the street further away from the property.
Commissioner Foeckler questioned if the old street pattern had a street on that property. Mr. Doble stated there was a small portion of a street that crossed the property with a cul-de-sac. It was not in a fashion that would have allowed the lot to be developed in a conforming fashion.
Mr. Gainey again stated the owners of the three other outlots on the south end did not raise any concerns about selling the small parcels.
Mr. Doble expressed concern for the owner but that is why the developer will negotiate a purchase of the property at a fair value.
Mr. Tommy Sukkert speaking for Lavina Sukkert, she would like to sell the small outlots on Oakwood Road if possible. Commissioner Grabowski suggested he speak with the developer.
Ms. Tracie Peters, 10038 S. Nicholson Road expressed concern for the drainage in the development and their property. Mr. Doble informed the Commission the engineering plan for that area has been submitted to the Engineering Department and they may take a look at the plan.
Mayor Bolender directed the item held for further information.
Rezone – Ener-Con Companies
Parts of 7050 S. Ash Street & 2320 E. Rawson Avenue
Tax Key Nos.: 731-0136 & 731-9983
Mr. Jeff Fortin, Planner, explained to the Commission the applicant was requesting that parts of 7050 S. Ash Street and 2320 E. Rawson Avenue be rezoned from B-2, Community Business to Rs-4, Single Family Residential.
Mayor Bolender commented Pennsylvania Avenue would be expanded in this area in the near future. This would be a mistake to put homes up against a four lane road.
Commissioner Siira questioned when this was scheduled to happen. Mayor Bolender thought it may happen within the next five years.
Withdrawn by applicant after hearing of the road expansion.
Zoning Text Amendment – Side Yard Setbacks for Side Entry Garages
Mr. Jeff Fortin, Planner explained staff was requesting a zoning text amendment that would change the way the City measures side yard setbacks for side entry garages. Currently the measurement is taken from a line that is perpendicular to the lot line. The new ordinance would measure this setback from a line perpendicular to the garage door opening that is closest to the side lot line.
Commissioner Foeckler motioned the Plan Commission recommend to the Common Council that the zoning text amendment to Section 17.1305, 17.1306, 17.1307, 17.1308 and 17.1310 be adopted.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Zoning Text Amendment – Reinstatement of Ornamental Fence Ordinance
Mr. Jeff Fortin, Planner explained this would be adding ornamental fences up to three feet in height in residential front yards to the ordinance that was removed when the ordinance was amended.
Commissioner Grabowski motioned that the Plan Commission recommend to the Common Council that the zoning text amendment to Section 17.0502(e) of the Zoning Ordinance regarding ornamental fences be adopted.
Commissioner Rolling seconds. Roll call, all voted aye. Motion carries.
Commissioner Dickmann motioned to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. The meeting adjourned at 9:00 p.m.