MINUTES OF THE

OAK CREEK PLAN COMMISSION MEETING

TUESDAY, JULY 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 Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson.  Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.

Commissioner Siira moved to approve the minutes of July 12, 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 19, 2005, Common Council meeting.  There were no comments or concerns from the Commissioners.

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 the applicant was returning from the June 28, 2005, Plan Commission meeting where the Commission held the item because of concerns over some of the small lots on Ballas Drive and because some adjoining property owners were concerned that they could not develop their property due to the proposed subdivision layout.  The applicant was unable to resolve the neighbors concerns, so they are requesting that the preliminary plat be approved as submitted.

Commissioner Dickmann questioned if there was any way the outlot on Nicholson Road could have been sold to the developer as part of this development.  Commissioner Grabowski gave a short background regarding the outlot and the meetings that have taken place since the plat was before the Plan Commission and explained the owner and Mr. Gainey could not come to a consensus regarding the outlot.  She felt this was an exceptional development.

Mayor Bolender questioned Mr. Sagan regarding his drainage problem and if it had been addressed.  Mr. Raymond Sagan, 10120 S. Nicholson Road, explained his drainage problem to the Commission.  Commissioner Jackson commented he was somewhat aware of Mr. Sagan’s problem but there has not been up to this point even a preliminary plat.  When the stormwater management plan is submitted they go out and look at the topography and doing an in depth analysis before they would approve the stormwater management plan.

Mayor Bolender questioned if this development would be a drainage problem for the surrounding neighborhood.  Commissioner Jackson reminded the Mayor they were not approving the stormwater plans at this time only the preliminary plat.  If they cannot get the stormwater management plan to work they cannot do the subdivision.

Commissioner Jackson would give assurances to anyone abutting the property that would be affected by the development that they will not be affected by the development.  Mayor Bolender expressed deep concerns for the existing residents because of the lay of the land at this time.

Ms. Carol Grundy, 9160 S. Nicholson Road, questioned the reasoning for approving stormwater management plans after the preliminary plat. 

Commissioner Peterson questioned what was worked out with the Sukkert Family lots.  Mr. Jim Gainey, Country Creek Homes, sent the Sukkert’s letters offering to either purchase their land or discuss what their concerns may be and they never responded. 

Commissioner Grabowski pointed out some time ago there were neighborhood meetings to discuss issues such as stormwater, drainage, lighting and landscaping.  She addressed the issue of stormwater management by assuring Mr. Sagan when the stormwater management plan was submitted that would be the time to address any concerns that he may have.  Mr. Gainey commented they have been developing subdivisions in Oak Creek for ten years and have not had any issues with adjoining properties and water management.  Mr. Sagan’s problem currently exists and it is not a problem created by the development because they have not even put a shovel in the ground at this point.  They feel they will make his water problem better by taking some of the water further east away from his property.  If the stormwater does not work the subdivision will not be built.

Mayor Bolender assured Mr. Gainey that he would be watching this development for water problems.  This is a marshy area and he knows what will happen in the future with the water.  He would prefer to see larger lots in this area to help prevent any further water problems.

Commissioner Dickmann questioned if the stormwater management plan did not work and lots would have to be eliminated was there a point where the project would not go forward.  Mr. Gainey did not feel that would be an issue because the ponds could be made larger or lots could be combined to make the project work.

Commissioner Peterson questioned how soon the stormwater management plan would be submitted.  Commissioner Jackson felt they would begin work on the project immediately and nothing would happen before the stormwater management plans were submitted.

Commissioner Foeckler motioned that the Commission approve the preliminary plat for Mallard Creek subject to the following conditions:

1.                  That no permits are issued until the new floodplain zoning is approved.

2.                  That a development agreement be entered into between the owner and the City to specify the responsibility for and the timing of public improvements.

3.                  That grading, drainage and stormwater management plans are approved by the City Engineer.

4.                  That any technical corrections are made prior to final plat submittal, including renaming Chelsea Drive.

Commissioner Grabowski seconds.  Roll call, Dickmann; aye, Jackson; aye, Siira; aye, Foeckler; aye, Bolender; nay, Grabowski; aye, Correll; aye, Peterson; aye.  Motion carries.

Zoning Text Amendment – Motorcycle Training Facilities

Mr. Fortin explained to the Commission the City received a request from Greg, White, co-owner of the Ride Alive Motorcycle Academy to amend the text in the B-4 zoning ordinance to allow for motorcycle training facilities a permitted use in the B-4 zoning district.

Commissioner Grabowski questioned if the residents were notified for this issue.  Mr. Fortin explained they do not notify for a text amendment.  This use is not permitted or allowed conditional use anywhere in the City.  This request would not allow or give permission for them to use Midwest Airlines at this time.

Mayor Bolender read the following letter into the record:

            Mayor Richard Bolender the attached papers were left in my mail box on Saturday July 23.  It indicated that this company, Ride Alive Motorcycle Academy has an agreement with Midwest Airlines to use their west parking lot for teaching a beginners motorcycle riding course.  I have the following comments which I would like to be read into the minutes of the Plan Commission meeting on July 26, 2005 since I am unable to attend.

1.                    Going back in history Midwest Airlines had two public hearings.  At those hearings I don’t remember any comments about a motorcycle academy.

2.                    Midwest Airlines is zoned B-4.

3.                    Lots of north of Midwest Airlines are zoned R-2 and I-1, residential and church.

4.                    On College Avenue about 600 feet east an airport property near one of the buildings there is a motorcycle course with all of the noise left at the airport.

5.                    In my opinion a motorcycle academy should be no where near residential or church property.  Especially since they are planning classes on Sunday and Monday through Thursday.

The attached papers are copies of those I received the original papers will be turned over to the Oak Creek Post Office since this is a Federal violation to put something other than U.S. Mail in a private mail box.

Frank Perlinski

Mr. Doug Weiss, 9550 Fairway Circle, Franklin, member of St. John’s Lutheran church, believes the M-1, Manufacturing would be a more appropriate zoning for this type of use.  He expressed concern for the proximity to the church.  If it was in an M-1 district you could keep it far enough away but if it were allowed in the B-4 it may be to close to some institutional zoning.  Another concern would be the decibel levels and the timing for the classes in relation to the service time at the church.  He was in favor of motorcycle training but had concerns for the location and the use of restroom facilities.

Mr. Greg White, Ride Alive Motorcycle Academy, spoke with many neighboring residents who did not have any concerns and in fact thought it would be a good idea.  He had lists of signatures of the residents he spoke with who would be in favor of the business.  The decibel levels of two motorcycles at 10 feet away were 80 decibels and the EPA allows for 80 decibels at 50 feet away for one motorcycle.  The decibel levels should not interfere with any of the neighbors.  The restroom facilities would not be visible from Ryan Road or Howell Avenue. 

Commissioner Foeckler explained his objection to the proposed amendment which does not have anything to do with the proposed location.  He does not approve of this as a permitted use in the B-4 zoning.  It may be possible as a conditional use where conditions and restrictions on granting the use.  If it is allowed as a complete permitted use they lose the ability to have any control.

Commissioner Peterson asked for clarification on the decibel test.  They used two motorcycles for the test but a class would have up to ten motorcycles.  Mr. White confirmed that was the case and the levels may increase as a whole but they would not exceed the EPA standards per motorcycle.

Commissioner Dickmann questioned if the students would arrive on motorcycles going past the church.  Mr. White explained they provide the motorcycles at the academy and observers were not allowed at the classes.

Commissioner Siira questioned if the location was critical to the operation of the business and suggested looking at something in the M-1 district.  Mr. White explained based on the size and type of the parking lot needed there were not many options available. 

Mayor Bolender did not see a benefit to allow this use in the B-4 district.

Mr. Arden Degner, 8540 S. Pennsylvania Avenue, commented there was a track behind the police station at one time and this use would bring a different type of atmosphere to the City that would not be beneficial.

Ms. Carol Grundy, commented the church has purchased additional property to build a new church that would be closer to Midwest parking lot.  She would not like to see the text amended.

Ms. Jackie Taylor, 8375 S. Howell Avenue, also did not feel it would be a good use of a parking lot to have the motorcycle classes.

Commissioner Dickmann motioned to not approve the amendment to the B-4 zoning ordinance to allow for motorcycle training facilities as a permitted use in the B-4 zoning district.

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

Sign Plan Review – Gabaldon Properties Multi-Tenant Retail Building

8907 S. Howell Avenue

Tax Key No.: 859-9039

Mr. Fortin explained to the Commission at the February 22, 2005 meeting, the Plan Commission approved the multi-tenant retail center at 8907 S. Howell Avenue but required the applicant to return with an overall sign plan for the property.  The applicant is proposing an overall sign plan that includes a ground sign at the northeast corner of the property and wall signs on all elevations of the building.

Commissioner Siira questioned which sign in the package was from a different development.  Mr. Fortin commented the monument sign with the most detail was from a different development but was almost identical to the proposed sign. 

Commissioner Siira questioned the height of the sign.  Mr. Fortin commented it was staff’s concern that the sign be limited to 8 feet in height.

Commissioner Peterson questioned if the sign would be proportionate or would it be wider than taller.  Charles Gabaldon responded the sign would be to City code.  The drawing was for use of materials and type and quality of the sign that would be used.

Commissioner Siira motioned the Plan Commission approve the sign plan for the property at 8907 S. Howell Avenue, subject to the following conditions:

1.                  The ground sign shall not exceed eight (8) feet in height.

2.                  The ground sign shall not exceed 100 square feet on any one side nor more than 200 square feet on all sides.

3.                  That the property’s street number is placed on both sides of the ground sign.

4.                  That no individual tenant shall have more than two (2) wall signs and in no case shall an individual tenant have more than one (1) wall sign on any one elevation.

5.                  That no wall sign shall exceed ninety (90) square feet in area.

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

Minor Land Division – Eileen Henkel

8008 E. Fitzsimmons Road and 8930 S. Shepard Avenue

Tax Key No.: 908-9006

Mr. Fortin explained to the Commission that Common Council had approved a certified survey map that divided the property at 808 E. Fitzsimmons Road into four parcels.  The applicant is requesting a minor land division that would move the northern lot line on Parcel 2 north 20 feet.

Commissioner Correll motioned that the Plan Commission recommend to the Common Council that the minor land division for the properties at 808 E. Fitzsimmons Road and 8930 S. Shepard Avenue be approved subject to any technical corrections being made prior to recording of the map. 

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

Plan Review – Oak Creek Centre Façade Improvements

8419 S. Howell Avenue

Tax Key No.: 828-9009

Mr. Fortin explained to the Commission the applicant was requesting approval of a façade change for the multi-tenant retail center located at 8419 S. Howell Avenue.  The proposal would remove most of the existing façade including the blue awnings and red accent beams along the entire length of the building with the exception of the northern tenant space, which was the former Sentry Foods store.  That portion of the building is not part of the façade improvements at this time. 

Commissioner Grabowski stated she was pleased to see development return to this area and the improvements would be welcomed.

Mr. Jeff Slavish, Heritage Property Investment Trust, commented they would like to start to upgrade the center so it could compete with the surrounding centers.  They have plans to continually upgrade the site but at this point based on the occupancy rate of 45% at this point brick would be over budget.  They would like approval of the EIFS peaks at this time and then if the budget allows they would use brick.  Brick is the preferred material but the funds are not available at this time to use the brick. 

Commissioner Correll commented any improvements would be in the best interest of the City and should be considered.

Commissioner Jackson noted the last shopping center was required to use brick and the Commission would remain consistent requiring the brick. 

Commissioner Siira questioned if there would be a covered canopy on the first phase of the building.  Mr. Slavish would be applying green surface canopy to the façade.  Commissioner Siira commented on the feature between the peaks that was only on one portion of the building.  Mr. Slavish wanted to break up the façade based on the existing exterior and it did not call for another peak so the elements of the peaks were used to break up the long façade. Commissioner Siira commented it would be a tremendous improvement and if the budget allowed it would be nice to have the entry elements to be of a brick construction. 

Commissioner Correll added the previous mall was approved on a best case scenario and at this point the Commission needs to look at what currently exists and what the options are to improve the building and the options are not the same.

Commissioner Foeckler commented the competition is fierce and he would be willing to approve as requested but would like to see the brick.  Mr. Slavish explained at this point in order to proceed with the project there are budget restraints.  They will rebid the project and try to get the brick within budget.  They would also prefer to use the brick.  Commissioner Foeckler hoped they could get more money upfront to get the long term improvements.

Commissioner Siira questioned if the canopied elements returned back onto the existing roof.  Mr. Slavish stated they would be about one foot with a coping on top.  Commissioner Siira commented it would be much nicer looking if there was a roof element that went back onto the existing building by about eight to ten feet to give it some depth.  The proposal has a western type store front with no dimension.

Commissioner Dickmann expressed concern with the amount of EIFS.  If the first phase was started with EIFS they would not be able to go to brick on the second phase.  He would like the amount of EIFS reduced.  Mr. Slavish would like to get the lease with Cardinal Fitness and that would mean getting the improvements done quickly.  Both phases would be done one right after the other but Cardinal Fitness wanted the façade changes done before they would take occupancy.  That is the reason for the phases; they would start with the Cardinal Fitness area and then complete the rest of the building.

Mayor Bolender suggested the whole thing be done as one phase.

Commissioner Dickmann pointed out the Sentry portion of the building would not have any façade changes at this time.

Mayor Bolender wanted something to be done with the Sentry portion of the building.  People are starting to complain about the building sitting empty and nothing is being done at this time with the Sentry part of the building.  Mr. Slavish explained they wanted to start and get interest back into the center.  They have a potential tenant to start the work for and with current tenant occupancy prohibits doing the whole building. 

Commissioner Jackson asked for clarification on the brick.  He understood it that the first bids for brick were too high and that they would be rebidding for brick to see if it would be feasible at this time.  He also questioned if there would be any options with the additional brick.  Mr. Slavish confirmed that was the case.

Commissioner Foeckler questioned if he could get together with Heritage Property and see what could be done to get this project on the right track.  Mr. Slavish would meet with Commissioner Foeckler and try and work out a compromise for the façade of this building that everyone could be happy with.

Commissioner Peterson suggested looking at alternatives such as at least painting the Sentry portion to match the rest of the façade.

Commissioner Correll agreed the better option would be to let them do EIFS rather than the other option of leaving the building sit in its current state.

Mayor Bolender directed the item held.

Zoning Text Amendment – Floodplain Zoning

Mr. Fortin explained to the Commission the new floodplain zoning ordinance was developed in accordance with NR 116 of the Wisconsin Administrative Code to implement the new floodplain mapping for the City of Oak Creek and to be in conformance with the DNR and FEMA requirements. 

Commissioner Grabowski commented this would be very beneficial for the residents of Oak Creek.

Commissioner Peterson motioned the Plan Commission recommend to the Common Council the proposed amendments to the City’s floodplain ordinance Sections 17. 0301-17.1402 be adopted as submitted.

Commissioner Grabowski 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 8:34 p.m.