MINUTES OF THE
TUESDAY, AUGUST 23, 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 Sokol, Commissioner Siira, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Commissioner Foeckler was excused. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of August 9, 2005 Plan Commission meeting. Commissioner Peterson 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 August 16, 2005, Common Council meeting. There were no comments or concerns from the Commissioners.
Sign Appeal Hearings
Jeffrey & Sharon Schmidt, Case # 02-05A & B
Jeffrey and Sharon Schmidt are requesting two (2) variances from the City of Oak Creek Sign Ordinance, Section 17.0705(d) which states that “ground signs shall be located not closer than ten (10) feet to a street right-of-way” and Section 17.0706(i), which state that shopping centers and multi-tenant buildings may provide one wall sign or one canopy sign for each business in the building.
Person speaking in favor was Randy Goll, KVG Building Corporation. No one spoke in opposition.
Commissioner Dickmann motioned that the Plan Commission of Sign Appeals grant a variance to Section 17.0705(d) for the Oak Creek Court shopping center and that the monument ground sign can be setback at three feet from the W. Ryan Road right-of-way.
Commissioner Grabowski seconds.
Roll call, all voted aye. Motion carries.
Peterson motioned that the Plan Commission of Sign Appeals deny a request for a variance from Section 17.0706(i) regarding the two additional walls signs for this particular property.
Commissioner Correll seconds.
Roll call, all voted aye. Motion carries.
Plan Review – Menard’s Garden Center & Warehouse
6800, 6840 and 6868 S. 27th Street
Tax Key No.: 737-9029, 737-9007 and 737-9995
Mr. Jeff Fortin, Planner explained to the Commission on August 24, 2004 the Commission recommended the Common Council rezone the above properties from B-2, Community Business, Rs-4, Single Family Residential and Rd-1, Two Family Residential to B-4, Highway Business, with a Conditional Use permit for a lumber yard. Menards’ is now requesting site, building and landscaping plan approval for the lumberyard, garden center, and warehouse.
Mayor Bolender questioned the colors being used for the addition. Mr. Mark Lee, Menards, would prefer to use a green but not the green on the existing store. The new stores have a deeper natural green color.
Commissioner Dickmann expressed concern for the traffic flow with the new parking lot. Mr. Lee explained the parking lot flow pattern with the truck turning radii and the room provided for the turns and stacking of the trucks.
Alderman Grabowski requested incorporating different materials besides metal to the addition. Mr. Lee explained there would be hundreds of feet between the building and 20th Street and a 14 foot high fence. They would not be able to use wood because of the size of the building. For the back of the warehouse building it would not be practical to use glass or other materials.
Mayor Bolender did not like the idea of requiring different materials for the warehouse than were on the original store. This is an established business and it should not look different. Mr. Fortin commented the Menard’s part of the addition would be matching materials. The concerns are with the warehouse portion.
Commissioner Grabowski asked for clarification on the front façade of the building and whether or not there would be and changes to the existing building façade. Mr. Lee explained the front of the building the garden center added with the glass and awnings and the rest would be wrought iron fencing. The current building would not have any façade changes except for the color change of the green accent strips.
Commissioner Correll questioned if the signage would be changed. Mr. Lee would like to add one additional sign to identify the garden center entrance. After some discussion it was agreed that an addition to the pylon sign would be allowed and if Menard’s would like they could add additional signs behind the glass that would not count as part of the total sign package. Any additional signs would require prior approval.
Commissioner Siira questioned if the seasonal sales area would go away with the construction of the garden center. Mr. Lee would like to see it still allowed but used less often because of the garden center area. Assistant Fire Chief George Krudop commented the Fire Code would not allow for the seasonal tent.
Commissioner Siira also questioned the transformer in the parking lot area. Mr. Lee explained utilities are taken from one location and it would be protected with cement barricades.
Commissioner Sokol questioned if the design followed the Uniform Building Code. Mr. Lee confirmed they were following the UBC.
Commissioner Grabowski questioned the traffic pattern and if it could have an ingress/egress from both points from the north and south of Menard’s. Assistant Fire Chief Krudop was requesting the access be continued through and be paved. The Wisconsin Commercial Building Code requires a fire access road within so many feet of all exteriors of all buildings. It must be provided with a cul-de-sac, a “T”, or a “Y”. There is insufficient area to provide those and the only way to adhere to the code would be to continue the access road out on the north side also. The emergency access points are being reviewed at this time and are a condition of approval.
Commissioner Grabowski expressed concern for the traffic at the Judy’s restaurant area meets with the traffic exiting from the garden center.
Commissioner Correll preferred the green over the beige color and also expressed concern for the Judy’s restaurant exit into the Menard’s parking lot. He would prefer to see them exit further to the south instead.
Mayor Bolender suggested the color green was fine and he preferred it to the beige color.
Commissioner Correll motioned the Plan Commission recommend that the site, building, and landscaping plans for Menard’s be approved, subject to the following conditions:
1. That final grading and stormwater management plans are approved by the Engineering Department prior to the issuance of building permits.
2. That a site plan addressing the Fire Department’s concerns is reviewed and approved by the Fire Department prior to the issuance of building permits.
3. That the final landscaping plan is reviewed and approved by the City Forester prior to the issuance of building permits.
4. That signage is not a part of this approval.
Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Assistant Fire Chief George Krudop informed the developer that the City of Oak Creek has several fire prevention codes that exceed the Wisconsin State Code and provided the developer with a copy of those codes. He also encouraged the developer to have a representative from Judy’s at any future site plan discussions.
Certified Survey Map – Gary & Steve Kraeger
6701 & 6721 S. 20th Street
Tax Key No.: 715-0144 & 737-9999-002
Mr. Fortin explained to the Commission on May 17, 2005 the Common Council amended the official map for the southwest ¼ of Section 6 removing the officially mapped extension of S. 21st Street which ran along the west side of the these properties. This was requested by Gary and Steve Kraeger, who are now requesting approval of a four lot certified survey map. The CSM will create 4 lots in the Rs-4, Single Family residential zoning district. All of theses lots meet or exceed the zoning requirements.
Mr. Gary Kraeger gave a short background on the property and requested that sidewalks not be required for good cause.
Commissioner Grabowski questioned if there were plans in the future to subdivide lot 1. Mr. Kraeger had no plans and did not believe it would be possible for a further subdivision of lot 1.
Commissioner Dickmann questioned why there were not only three lots all exiting on to W. Wood Avenue and eliminating lot 1. Mr. Kraeger explained lot 1 was the same size as the other lots to the south. Commissioner Dickmann would prefer to see the lots on W. Wood Avenue match the lots on 20th Street. If lot 1 was eliminated than the other lots would be deeper and look more like the lots on S. 20th Street. Mr. Kraeger felt the lots on W. Wood matched the lots across the street on W. Wood and the lot on 20th Street matched the other lots on 20th Street and he would need four lots to make this work financially. The lots all blend very nicely. Commissioner Dickmann was looking to eliminate the driveway access onto 20th Street.
Commissioner Sokol expressed concern for safety with the grade of the driveways on Wood Avenue and the children on the street. Mr. Kraeger explained the grading plan would have to meet the City’s approval. Commissioner Sokol questioned the elevations for the land currently and what the setback requirements were for the lots. Mr. Fortin did not know the elevations with out seeing a grading plan. Commissioner Sokol questioned if the City had the right to control people from putting their house right on the setback and ramping the driveway. Mr. Fortin explained the process for recording a certified survey map and that the grading plan would have to be approved by the Engineering Department before the map could be recorded. Commissioner Jackson stated there was a maximum 10 % grade on driveways that would address the driveway issue. It would be a difficult grading plan but it would have to be met if the map were to be recorded.
Commissioner Grabowski questioned if the lots could realistically be developed with the grade of the property. Commissioner Jackson felt they could be developed. They would have to follow the requirements of the design manual.
Mayor Bolender questioned what would happen with the drainage on lot 1 in the process of making the other lots buildable. Commissioner Jackson explained they would have to take into consideration all four lots and the existing surrounding lots in the grading plan.
Mayor Bolender felt the layout of the lots were to small but the neighborhood was designed similar and because of that he would be for approval if the grading plan could be worked out.
Commissioner Dickmann felt if there were only three lots total with driveways on Wood Street the grade would not be a problem because there would be more room to work.
Commissioner Sokol wanted to make everyone aware there was a school around the corner from these lots and questioned the grade level of the school. It was determined it was a K-5 school.
Commissioner Dickmann commented very few children use Wood Street to get to school because Wood leads into Milwaukee.
Mayor Bolender stated the grading was the issue with this CSM and if could not be accomplished it would not be done. Mr. Fortin explained the map would not be recorded if the grading plan could not be done that would meet Engineering Department standards.
Commissioner Peterson returned to the sidewalk issue and asked for confirmation on the applicant’s proposal. Mr. Kraeger was proposing not to install sidewalks. Mr. Fortin explained the Council would make the final decision on the sidewalks as part of the development agreement.
Commissioner Siira motioned the Plan Commission recommend to the Common Council that the certified survey map for the properties at 6701 & 6721 S. 20th Street be denied as presented.
Commissioner Grabowski seconds. Roll call, Dickmann; aye, Jackson; nay, Sokol; aye, Siira; aye, Bolender; aye, Grabowski; aye, Correll; aye, Peterson; aye. Motion carries.
Commissioner Sokol would like to see the grade on the property brought done before an approval be granted.
Certified Survey Map – Parkway Apostolic Church
10820 S. Nicholson Road
Tax Key No.: 971-9016
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would create two parcels in the Rs-2, single family residential zoning district. The CSM would split off a single-family residential home from a large undeveloped property. Both of the parcels meet or exceed the zoning requirements.
Mayor Bolender question what was planned for lot 2. Pastor Tammel had no immediate plans for the vacant parcel. Currently his son lived in the house on lot 1 and would be buying the home and parcel.
Commissioner Correll motioned that the Plan Commission recommend to the Common Council that the certified survey map for the property at 10820 S. Nicholson Road be approved, subject to any technical corrections being made prior to recording.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Use Approval – Mallory Properties (United Rentals)
7401 S. 13th Street
Tax Key No.: 877-9006
Mr. Fortin explained to the Commission the applicant was requesting a Use Approval to allow United Rentals to occupy a portion of the building at 9401 S. 13th Street and to allow outdoor storage of United Rental’s equipment and vehicles.
Mayor Bolender requested an explanation for the illegal filling over a sewer easement area. Mr. Dan Siebel, representing Frank Giuffre, commented that has not been determined by anything.
Mr. Fortin explained that during the staff review of the property the Engineering Department indicated there was a possible illegal fill on the property. There is a plan that shows the approved fill area and a survey that shows the actual area that was filled.
Mr. Siebel expressed concern for the site being requested for use approval was not the site that had the questionable illegal fill. Mr. Fortin explained they were both under the same ownership and access to the site was only available to the site with the fill.
Mr. Siebel explained the current site has had the same use for over 30 years and the use would be continuing with just a different tenant. The only reason they came before the Plan Commission was out of respect. They did not want to get into an issue with Mr. Seymour on whether it was a legal nonconforming use or not and brought it to the Plan Commission. Although maybe not necessary they wanted to bring it to the Plan Commission. Mr. Fortin confirmed that the PUD did require Plan Commission approval.
Mayor Bolender again wanted the issue of the illegal fill addressed before moving forward with any other issues. Mr. Siebel was not familiar with the supposed illegal fill.
Mayor Bolender questioned if they had a permit for fill. Commission Jackson confirmed there was fill permit for 1,000 cubic yards and they put in approximately 10 times that amount.
Mr. Siebel commented that was a different parcel and that issue could be addressed. Mr. Fortin brought it to his attention that the plans submitted do show the area where the fill was as the equipment storage area. Mr. Siebel stated that was inaccurate and it was a completely different parcel that the tenant would have no right to use. The storage would be within the one tax key area. Mr. Fortin explained the plan that was submitted did show the parcel with the fill as being used. Mr. Seibel stated that was an error. Mr. Fortin again explained the parcel being requested for the use approval could only be accessed from the parcel with the illegal fill and the issue could not be separated from this approval.
Mr. Seibel was provided with a letter from the trucking company that brought in the fill that states less than 1,000 cubic feet. Mayor Bolender wanted to know who was responsible for and what would be done to correct the problem before the issue went any further.
Mr. Seibel did not believe they could tie the two properties together. Mayor Bolender stated they were going to tie the two together.
Commissioner Grabowski questioned how the original letter from 2003 from the Engineering Department regarding the illegal fill was addressed. Mr. Seibel was not sure how that was handled.
Mr. Art Garekis wanted to go on the record as having no objections to the proposed use.
Mayor Bolender directed the item held.
Commissioner Grabowski motioned to adjourn. Commissioner Correll seconds. Roll call, all voted aye. The meeting was adjourned at 9:15 p.m.