MINUTES OF THE
TUESDAY, JULY 12, 2005
Mayor Bolender called the meeting to order at 7:05 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner Jackson, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Grabowski, and Commissioner Peterson. Commissioners Rolling and Correll were excused. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Siira moved to approve the minutes of June 28, 2005 Plan Commission meeting. Commissioner Grabowski 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 July, 5, 2005, Common Council meeting. There were no comments or concerns from the Commissioners.
Plan Commission Consultation – Cornerstone Development
8843 R S. 13th Street, 8950 S. 20th Street, 1933, 2125, and part of 2231 W. Puetz Road
Tax Key Nos.: 857-9992, 857-9991, 857-9993, 856-9999, & 856-9998
Mr. Jeff Fortin, Planner explained to the Commission the applicant was requesting the Plan Commission to review a conceptual plan for a proposed condominium development near Interstate 94 and W. Puetz Road. No action will be taken on this item. The developer is only requesting comments and suggestions from the Commission prior to submitting a detailed plan for review and approval.
Commissioner Grabowski expressed her disappointment with the proposal and with the density of the project. There would be only approximately 10 feet between each building and the plan is not acceptable.
Commissioner Foeckler questioned who the developer was for the project and if he was present at the meeting. (No developer stepped forward.) He commented the project was a joke and was not in the ballpark of what would be acceptable.
Commissioner Dickmann questioned why single-family homes were not proposed and also why the wetlands were not shown on the plan. None of the roads in the area would be able to handle the type of traffic that would come with a development of this type.
Mayor Bolender stated this was one of the nicer spots in the City of Oak Creek.
Mr. Dave Holzen, Cornerstone Development arrived. Mayor Bolender told the developer he did not ever want to see this development. They would be taking a very nice area trying to see how many condos they could stick in it. If the developer did not want to put in single-family homes in this area he should just go away. He would not allow a development of this type and Oak Creek was not about this type of development.
Commissioners Grabowski and Foeckler restated their comments for the developer.
Mr. Holzen apologized for his tardiness because he was to be last on the agenda he did not arrive at 7:00 p.m. The issue with the property was the current property owners were asking a price that would not allow for the development of single-family homes.
Mr. Fortin read the following email into the record from the homeowners at 2236 Grays Lanes:
I am totally against this plan that the Cornerstone Development is presenting. There are several reasons; it is an invasion of privacy, bringing in rental people and their children who have no respect of private property. We already have experienced this from the condos on 27th and Puetz. They have no yards and kids being kids tend to explore. If this project goes through that would open up Grays Lane and no one on the street wants to see the road open. There is way to much traffic on this road now because of the five new houses that were recently built. We chose to live here because of the quiet and privacy. Everyone knows everyone and we used to know when there was a stranger in the neighborhood. We don’t know half of the people who travel on this road. This goes on until 4 a.m. most nights. Why does there have to be approximately 300 buildings? If you have to develop why can’t you put homes on half acre lots? Or why not develop the stretch near the freeway? We are also concerned with the wildlife and taking away their homes from them since they will cut the woods down from 27th and Puetz to 35th Street. Most of the animals have come here. I understand most of the people don’t care about the wildlife but most do in this neighborhood. How much of our woods is going to be left. We all do not want to live with wooden fences around us so no one can see in and we can’t see out. It seems the only interest developers have is money. They care nothing about the people that live here. If it were them having their privacy invaded they would be against it also. I also included an article from Sundays paper. You are talking approximately 300 buildings that will house home many hundreds of people or thousands. It is just too any people jamming in small area. You are just inviting trouble, we don’t know what kind of people will be living here. Right now it is safe to sit out in our backyards at night. Will it be safe when theses people move in? Can you guarantee that? It is also going to up our taxes which most of the people on the street are struggling with right now. I am writing this because I have a hard time expressing my views in a room with people I don’t know.
Commissioner Dickmann read the following letter into the record:
Ladies and Gentlemen:
The purpose of this letter is to communicate in writing the concerns we have with the proposed Cornerstone Development conceptual plan. We are current residents at 8969 S. 20th Street and have lived there for the past 40 years. This development would be directly across the street from us. We received the notice regarding the planning commission for this development meeting on Friday July 8 with an incorrect meeting date (June 14th) on it. The next day we did receive a corrected meeting day notice, but we are concerned that the short notice for this meeting didn’t allow residents in the area enough time to plan for and attend the meeting on July 12th.
The concerns my husband and I have with this development are the following:
1. There are only multiple family units and no single-family homes out of 318 units. Rental apartments and multiple-family units without guarantees of owner occupancy would surround us. Our entire street (20th) has large lots, some are more than ½ acres, and the plan currently has five 2-story, 2-family houses and driveways in the same lot frontage that we have 3 houses with 3 driveways in. This is a total of approximately 335 feet for 5 double-family homes and is an average of 67 feet per each house and driveway. The current houses have 133 feet per house and driveway. This is way to crowded compared to the rest of the houses in our subdivision.
2. Multi-family and apartment rentals do a great disservice to the city. They stress the school systems and other city services. The 318 units could supply potentially 600 or more to educate in our already over-burdened school system.
3. An extreme high-density population for the small amount of land available for houses. The 71 acres on the plan is actually small considering the wetlands, storm-water basins and wooded areas of the plan. This small amount of land could potentially be home to 1254 residents. (318 units x 4 =1254)
4. The proposed development will bring down our property values due to the fact that we will be right across from rental properties and multi-family homes. This reduction in property values will occur even though our taxes will not display the reduction of these lower values. Rental properties raise concerns with a potential for increase in crime rates.
5. The wooded area across from our home will have to be totally removed in order to build these units. Single-family homes would allow for lot owners to decide what trees and woods to remove and would possibly avoid the clear-cutting of this land.
6. Oak Creek already has an extremely high-rate of starter homes and multi-family buildings.
We would happily support a development of single-family comparable size lots on 20th street. Multi-family units should be allowed in areas closer to the freeway but not allowed on 20th street where current homeowners have worked hard to improve their properties. Single-family homes would complete the look of the street and crowded multi-family units will look out of place.
As tax-paying citizens and long residents of the city of Oak Creek, we have always been proud of Oak Creek’s reputation and its’ family-oriented atmosphere. Oak Creek is changing to a city where no one knows their neighbors because of the great numbers of multi-family housing that is already in place in Oak Creek and does not afford permanency to its residents. We don’t want to lose our community roots and turn it into one of apartments, condos and other similar dwellings. We need more single-family developments where people take pride in their properties and move away from the current rate of 80% starter housing in the city of Oak Creek. This development is not moving the city in that direction.
Sincerely,
Diane and Earl Burdette
(?) 2021 Grays Lane, purchased a distressed property and would not like more junk in the neighborhood.
Alderman Steve Jonas, 1520 Armann Way, stated the developer did not do his homework and agree with the comments given to the developer. He will get in touch with the residents who showed up at the meeting and keep them informed of how this development progresses if they return.
Mr. Sam Lenda, 1701 Puetz Road, stated the history behind the project going back to 1999. He gave a copy of a protest petition from 1999 that was signed by 100 % of the property owners for the file. The petition opposed any type of multi-family development for the area.
Ms. Diane Burdette, 8969 S. 20th Street, lives across from the woods that would be destroyed if this development were allowed to go forward.
Alderman Jonas commented he would be putting forth to the Common Council a request to rezone the entire area to Rs-2 for half acre lots, single-family residential homes. Mayor Bolender informed Alderman Jonas it currently was zoned Rs-2. Commissioner Dickmann stated not all of the area was zoned Rs-2.
Certified Survey Map – George Abendschein
9865 S. Shepard Avenue
Tax Key No.: 907-9973-001
Mr. Jeff Fortin, Planner explained to the Commission the applicant was requesting approval of a certified survey map that would create two (2) parcels in the Rs-3, Single Family residential zoning district. Lots in the Rs-3 zoning district require a minimum of 12,000 square feet of lot area and a minimum lot width of 80 feet (90 for corner lots). Each of these parcels exceeds the zoning requirements.
Mr. George Abendschein, explained they would like to sell the property as two parcels. One lot would have the existing house on it and the other would be an open lot. They would not be able to afford to sell the property and divide the lots if they would be required to install 210 feet of roadway. The Wallschlaegers do not want to pay at this time to install the road. The property in the area was developed some thirty years ago and the road was not put in at that time because it would not have been cost effective and that still applies today. The shared driveway request is also a problem. Being that there are only two other parcels of land on Shepard Avenue for three and a half miles it does not seem reasonable to have a shared driveway.
Commissioner Grabowski questioned if there had been discussion with Mr. Rosen on the possibility of the road going through. Mr. Abendschein had received a letter from Mr. Rosen several years ago offering to buy the property but there has been no recent discussion on the road.
Mayor Bolender stated staff was recommending that the road be put in and he understood Mr. Abendschein’s reasons for not wanting to put the road in but the road needs to go in if Mr. Abendschein wants to divide the property.
Ms. Terry Wallschlaeger, owns the land to the south of Mr. Abendschein. She has also been contacted by Mr. Rosen to sell. If the City wants the road in they should put the road in because it would cost the landowners too much money to be profitable. She believes Mr. Abendschein should be allowed to divide his property without the road and also not have a shared driveway.
Mr. Fortin explained the intent of the shared driveway would be if Fitzsimmons Road was to go through you would want a shared driveway because the road is somewhat well traveled and you would not want a driveway that close to the intersection.
Mayor Bolender questioned if the Planning Department has been working with Mr. Abendschein. Mr. Fortin replied they have been informed there is an officially mapped street on the property and that the City would require them to dedicate and improve the street. The only other option would be to request an official map amendment to remove the section of street from the map. The City would be stuck with just a right-of-way. As a practice with an official map amendment the City has made it know that they will not amend the official map to the detriment of other property owners.
Mayor Bolender told Mr. Abendschein that one law fits all and if those are the rules of developing then that is the law that will have to stand.
Mr. Gary Fakler, Signet Realty Inc. stated he met with Jeff and was told the road had to be dedicated. Mr. Fortin explained there was an email sent that informed Mr. Fakler that the road would need to be improved.
Mr. Fakler also explained that Mr. Abendschein had a general conversation with the City Attorney a couple of years ago and was told that he did not necessarily have to dedicate it if they did not want to. He was not informed the road would need to be improved until after the staff meeting.
Commissioner Dickmann agreed with Mr. Abendschein that a shared driveway should not be required at this location. There were other options for the driveway that could be agreed upon. He also did not see what the City was gaining by making him improve a street to nowhere. If Mr. Abendschein just sells the lot without dividing the property the City will not be able to get the dedication.
Commissioner Grabowski questioned if Ms. Wallschlaeger had plans to further subdivide her property in the future. Ms. Wallschlaeger would not be able to develop any other lots at this time unless Mr. Rosen would agree to improve the road.
Commissioner Grabowski was aware that most of the residents did not want to see the road go through.
Mr. Wallschlaeger questioned if the City intended to put Fitzsimmons through regardless if Mr. Abendschein developed his property. Commissioner Jackson replied the City was not a developer and would not push ahead development based on their own initiative. In this situation it is an arterial street and the City now has an area that is close to being closed in and if development occurs as with this property split then the process is started to acquire the rest of the roadway.
Commissioner Grabowski suggested putting the CSM on hold and looking to see if there was support for a map amendment.
Commissioner Foeckler felt that was the right course. The City was not in the business of putting in streets at taxpayers expense.
Mr. Wallschlaeger clarified they did not want the road removed from the map because they could break off some lots if the road went through. He also did not want Mr. Abendschein to have to put the road in just to divide his parcel.
Mr. Alvin Stramowski, 9910 S. Darlene Lane, agreed with Commissioner Dickmann that it would be a road to nowhere and the road should not go through.
Mayor Bolender suggested Mr. Abendschein meet with the Planning Department before proceeding any further.
Commissioner Grabowski suggested all of the parties involved sit down together and work out some sort of plan looking at all of the options that may be available.
Mayor Bolender directed the item held until further information could be gathered.
Plan Review – Oak Creek Commons (formerly known as Oak Creek Court)
2345 W. Ryan Road
Tax Key No.: 903-9008
Mr. Fortin explained to the Commission KVG Building was returning from the June 28, 2005 meeting where the Plan Commission held the item and requested the applicant revise the architecture of the front of the building. Revisions were made and the applicant is returning to the Commission with those revisions.
Commissioner Siira felt the new plans were a big improvement but questioned what was happening at the arch element. Mr. Randy Goll, KVG, the dark brown EIFS at the top would protrude about an inch and a half from the white EIFS below it by the tenant sign.
Commissioner Siira questioned if the piers would be running up both sides of the building. Mr. Goll, the corners will run about 20 to 25 feet.
Commissioner Dickmann questioned if the cross access agreements were established at this time with the neighboring properties. Mr. Fortin explained the cross access easements that were being requested would be on their property in case of future development from TCF the access easement would already be in place.
Commissioner Grabowski questioned if there would be enough parking for the building. Mr. Fortin explained parking was based on use and would be difficult to determine the exact amount required at this time but it did not appear there would be a problem with parking.
Commissioner Peterson motioned the Plan Commission approve the site, building, and landscaping plans subject to the following conditions:
1. That the final landscaping plans are approved by the City Forester prior to the issuance of building permits.
2. That all building and fire code requirements are met.
3. That the final lighting plan is approved by the Electrical Inspector prior to the issuance of building permits.
4. That the applicant establishes and records a cross access easement agreement with the adjacent properties to the east and west.
5. That the applicant adds a window or column on the west elevation to break up the expanse of the wall.
6. That the sign plan is approved with the exception of the proposed ground sign and tenant signs on the east and west elevations.
Commissioner Grabowski 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 Nos.: 736-999-9004, 736-9000-9003, & 736-8998-001
Mr. Fortin explained to the Commission the applicant was returning to the Plan Commission from the May 24, 2005 meeting where the Commission held the item because there was a consensus that the development was to dense.
Commissioner Grabowski questioned if the clubhouse and pool would be remaining or would it be removed. Mr. Mark Wimmer stated the clubhouse and pool would be part of the project. They were only removed on the plan that was presented previously for visual purposes. All of the concerns of the Commission have been addressed including that of the neighboring property owners.
Commissioner Foeckler could support the plan as shown. This area is going to develop mutli-family someday or sit vacant. This will produce taxes and seems logical for the area.
Commissioner Siira questioned if the area where the building was removed would remain green space. Mr. Wimmer confirmed that was the case. It may at some time in the future if more property was acquired they may work it into the project. Commissioner Siira suggested labeling the plan in such a fashion that the area remains as green space. Mr. Wimmer was opposed to that suggestion because the property could not be developed without the Commissions approval and they may need the property for access for future development.
Commissioner Peterson questioned who would be responsible for maintaining the wood fence. Mr. Wimmer would be responsible for maintaining the fence around the property.
Mr. Don Furmack, 1401 W. Janat Drive, expressed concern for the existing gate to the apartments from Janat Drive. Assistant Fire Chief George Krudop felt that once the other access points were established this access point could be removed. Mr. Wimmer would be happy to remove the pipe and install a berm. They will leave the access until such a time it is not required for fire access.
Commission Foeckler motioned that the Plan Commission recommend to the Common Council that the rezoning and conditional use be approved after a public hearing and subject to the conditions and restrictions that will be prepared for the Commission’s review at their next meeting.
Commissioner Grabowski seconds. Roll call, Dickmann; aye, Jackson; aye, Siira; aye, Foeckler; aye, Bolender; nay, Grabowski; aye, Peterson; aye. Motion carries.
Certified Survey Map – Rayman Bussler
2101 E. Drexel Avenue
Tax Key No.: 816-9996
Mr. Fortin explained to the Commission that the applicant was requesting approval of a certified survey map that would create two (2) parcels in the Rs-1, single family residential zoning district. Each of these parcels exceeds the requirements for the zoning district.
Commissioner Grabowski expressed concern for the shared driveway. Mr. Fortin explained in the past the Commission has required shared driveways on 13th Street and Drexel in the past and this would continue past practices.
Mayor Bolender disagreed with the shared driveway. Commissioner Jackson felt it would reduce the number of access points onto an arterial street and that is a safety factor.
Ms. Bussler expressed disappointment with Mr. Fortin because of the shared driveway. Mr. Fortin looked at the property and felt that with it being on Drexel Avenue it would be a safety factor to only have one access point.
Commissioner Dickmann motioned that the Plan Commission recommend that the Common Council approve the certified survey map for 2101 E. Drexel Avenue, subject to the following conditions:
1. That any technical corrections are made prior to the recording, including changing right-of-way to 55 feet.
2. That the final grading plan is approved by the Engineering Department prior to recording.
3. That the existing structure shown on the map is razed prior to recording
Commissioner Peterson seconds with additions. First and second concur.. Roll call, Dickmann; aye, Jackson; nay, Siira; aye, Foeckler; aye, Bolender; aye, Grabowski; aye, Peterson, aye. Motion carries.
Conditional Use Permit Amendment – Black Diamond Group
6925 and 6965 S. 6th Street
Tax Key No.: 735-9992 & 735-9991
Mr. Fortin explained to the Commission the applicant was requesting that the time of compliance be amended to allow them to commence construction no later than July 1, 2006.
Commissioner Siira motioned that the Plan Commission recommend to the Common Council that the amendment to the conditions and restrictions extending the time of compliance for the properties at 6925 and 6965 S. 6th Street be approved after a public hearing.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Final Plat –Willow Creek Estates
1701 & 1929 E. Oakwood Road
Tax Key No.: 958-9998-001
Mr. Fortin explained to the Commission the applicant was requesting final approval of the Willow Creek Estates subdivision that would create 36 lots in the Rs-2, Single Family Residential zoning district.
Mr. Michael Lorenz, 1717 E. Oakwood Road, expressed concern for the drainage, the nonconformity of his lot, the road on the west side of his property and the straw that was placed on the subdivision creating an allergy problem.
Mr. Lorenz was aware that his lot would be nonconforming after adding the garage but did not realize how close the road was going to be to his home. Mr. Fortin explained to Mr. Lorenz that his property was not nonconforming the building was nonconforming. If the building were to completely burn down it could be rebuilt it would just have to meet the 30 foot setbacks from the new road.
Commissioner Grabowski suggested requesting a variance from the Council. Mr. Fortin explained you would not have to request a variance at this time. If the house was to be completely destroyed and he wanted to rebuild in the exact location then he would need a variation to rebuild the house at the exact location.
Mr. Scott Biller commented there was a land swap that took place in order to place the road in the location that it is at, so Mr. Lorenz was aware of the location of the road. Mr. Lorenz was told that he would be within the 30 foot setback of the road with the garage and he said he would take care of it. Mr. Biller did not object to the location of the garage and Mr. Lorenz did not object to the preliminary plat. He was fully aware of everything that was going to happen before the preliminary plat was approved.
Mr. Lorenz commented that he new the garage would be located within the setback but he did not realize how the acceleration lane would look in front of his home.
Commissioner Foeckler felt in his opinion none of these factors would preclude Mr. Lorenz from selling his home it would only be a problem if the entire thing were to be destroyed and even then he could request a variance at that time.
Commissioner Jackson will address the concerns with the drainage with Mr. Lorenz.
Commissioner Grabowski motioned that the Commission recommend to the Common Council that the final plat for Willow Creek Estates subdivision be approved as submitted.
Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Commissioner Foeckler motioned to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. The meeting adjourned at 9:33 p.m.