MINUTES OF THE
TUESDAY, JANUARY 24, 2006
Mayor Bolender called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner St. John, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Commissioner Sokol was excused. Also present were Jeff Fortin, Planner and A.C. George Krudop.
Commissioner Siira moved to approve the minutes of January 10, 2005 Plan Commission meetings. Commissioner Foeckler seconds. Roll call, all voted aye. Minutes were approved as submitted.
Report on Significant Common Council & Zoning Board of Appeal Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the January 17, 2006, Common Council meeting and the January 16, 2006 Zoning Board of Appeals meeting. There were no comments or concerns from the Commissioners.
Wisconsin Department of Transportation South 27th Street Access Management Plan
Mr. Fortin explained to the Commission the Access Management Plan was returning before the Commission with several revisions made by the DOT that the Commission requested at the October 25, 2005 meeting.
Commissioner Dickmann noticed a changed needed to be made to the listed Plan Commissioners. Jane Rolling needs to be changed to Jeffrey Sokol. Mr. Charles Wade will take care of that issue.
Commissioner Grabowski expressed support for the plan.
Mr. Charles Wade from WisDOT stated they were hoping the Commission would certify the plan and forward it to the Common Council.
Mayor Bolender questioned if Commissioner St. John was comfortable with the plan. Commissioner St. John felt the language on the surface stated it was a plan, which they have been telling us, and is supported by the document.
Commissioner Peterson commented the issue originally was the wording guideline versus a plan and the changes have been made to make the Commission feel more comfortable with the proposal.
Mayor Bolender commented they appreciated the efforts and they have raised the comfort level for the Commission.
Alderman Kopplin questioned if the access for 27th Street was along the whole corridor. Mr. Wade explained the study limits are from College Avenue to I-94.
Alderman Kopplin questioned if the extension of Forest Hill Avenue to Puetz Road was part of this plan. Commissioner St. John explained when the City has talked to the DOT they have strongly suggested there be a public street at that location because if there is going to be an interim traffic control between Puetz and Drexel it will be at Forest Hill and they wanted it to be at Forest Hill. Heartland modified their plan to put in a cul-de-sac. The DOT is happy with that as long as Mr. Theine has access to the cul-de-sac. The last plan does provide access for Mr. Theine from the public street. The additional issue is the alignment issue. Franklin’s Forest Hill is off center in the right of way. There is going to be a question before the development occurs on the Oak Creek side to see if it is aligning with the right of way and centering it or would it be aligned with the roadway in Franklin. The DOT will figure that issue out. Mr. Wade stated the plan shows that would be a potential future signalized intersection. The plan shows it aligned with the current Forest Hill. This issue goes beyond the detail of this plan.
Commissioner Dickmann motioned the Plan Commission adopt the plan as presented and forward to the Common Council.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Weas Development
701 E. Puetz Road
Tax Key No.: 860-9999-001
Mr. Fortin explained to the Commission the applicant was requesting approval of a 4 lot land division for the property at 701 E. Puetz Road. The certified survey map would divide the property in accordance with the official map for this area as well as the general develop plan that was approved as part of the Planned Unit Development for this area.
Commissioner Grabowski questioned if Stonegate Drive aligned from the east to the west. Mr. Fortin stated the road was already in and does align.
Commissioner St. John questioned the status of the original proposal for the site. Mr. Doug Weas explained they have not moved forward with the plan. There are really four parcels and two of them have been developed. At this point lot 4 could be an additional senior housing independent development or it could go into side by side style for sale residential homes. They have not moved forward on either plan at this time. The demand has not been there to continue to grow the senior housing on the site at this point.
Commissioner St. John questioned the zoning on the site. Mr. Fortin stated it was an Rm-1 PUD. Mr. Weas thought the PUD either has expired or would expire shortly. They were told if they wanted to move forward with the plan they would have to come forward with an amendment to the plan.
Commissioner Siira questioned the timing on the final coat of asphalt. Mr. Weas stated it would be done this spring or when the plants open.
A.C. George Krudop pointed out that on Lot 2 there was a fire access easement to provide access to the back of the Manor Point addition. In any future development that would need to be taken into consideration to provide access to Manor Point. Mr. Weas stated that was also going to serve as the access drive for the apartments.
Commissioner Siira motioned that the Plan Commission recommend to the Common Council that the certified survey map for the property at 701 E. Puetz Road be approved, subject to any technical corrections being made prior to the recording of the map.
Commissioner Foeckler seconds. Roll call, all voted aye. Motion carries.
Official Map Amendment - Northeast ¼ of Section 28 (Brownell)
Mr. Fortin explained to the Commission this item was withdrawn by the applicant prior to the meeting.
Certified Survey Map – Parkway Apostolic Church
10820, 10940 & 10970 S. Nicholson Road
Tax Key No.: 971-9992-001, 971-9016 & 971-9999-002
Mayor Bolender directed the item held until the applicant or a representative of the applicant could be present at the Plan Commission meeting to answer questions.
Plan Review – Foran Spice Company
7616 & 7630 S. 6th Street
Tax Key No.: 782-9027-001 & 782-9046-001
Mr. Fortin explained to the Commission the applicant was requesting Plan Commission approval of site, building, and landscaping plans for a 68,194 square foot addition to their existing facility. In addition they are proposing to have an accessory building at the southeast corner of the property to store non-food products such as cleaning supplies.
Commissioner Siira questioned the actual total square footage for the building and also questioned why the size of the building could not be reduced to meet the green space requirements. Mr. Bill Matthews, Anderson Ashton, explained the reason for the building size is that the food industry has been under a tremendous amount of additional requirements due to 9/11 and a tremendous amount of additional space is now required to meet all of the requirements. The actual square footage of the building 68,194.
Mr. Alan Goto, Foran Spice, explained to the Commission all of the challenges their company was facing as a result of 9/11. In coming and out going docks need to be separated and they need more storage because spices have to be stored longer periods of time for testing. The FDA requires dead space around the building to prevent rodents and such in the building.
Mr. Matthews commented if they were required to add green space to parking lot with islands no one would ever see them. Mr. Fortin stated the islands would provide more green space on a site that was already lacking green space.
Commissioner Grabowski complemented them on having their business in the City for over 40 years and commented she was leaning more towards approval of this plan than denial because they have considering the surrounding circumstances.
Commissioner Dickmann commented he was impressed with the operation. He did not feel the reduction of 3% green space would be a problem with the little league complex in the back and the Oak Creek to the north providing some green space to the area.
Commissioner St. John inquired if there was any reason they could not continue the dark brown belts around the building. Mr. Matthews explained they were trying to create façade in the front of the building. If it was matched to the other building there is no brown on the other building and the stripe would start from nowhere. It starts on 6th Street and does not carry down on the south side of the building. Commissioner St. John suggested a little architectural detail on the building would go a long way.
Commissioner Siira pointed out the different panels on the building and suggested it be continued on the building in some way on the 6th Street and Little League sides. Mr. Matthews questioned if the Commission would like them to continue to carry it down the 6th Street side that way it would at least be on one elevation. Commissioner St. John stated that was better than what was currently being proposed.
Commissioner St. John suggested Foran Spice help the Little League with lawn maintenance since they would be providing an access.
Commissioner Siira questioned how the trucks would be able to maneuver on the site. Mr. Matthews explained the truck route on the map.
Commissioner Correll commented he did not see what they were gaining by asking for additional detail along the Little League side of the building. Commissioner St. John commented the building would be getting much closer to the Little League Park.
Alderman Kopplin, 1st District, spent some time at the facility and felt it would provide and additional access to the Little League if they needed it and did not have a problem with the reduced green space for this project.
Commissioner Dickmann questioned if the applicants had any problems with the approval expiring after 3 years. Mr. Goto did have a problem with the expiration date because he was not sure what they would be able to afford. Commissioner St. John explained they would actually have five years because they would have three years to apply for a building permit and another two years to build the building.
Alderman Kopplin questioned why the approval for the storage building could not be approved with out the elevations subject to meeting the site plan and engineering’s approval.
Commissioner St. John motioned to that the Plan Commission approves the site with a green space of at least 26 percent.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Commission St. John motioned the Plan Commission approve the building and landscaping plans subject to the following conditions:
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Conditional Use Permit – Central Bark Doggy Day Care
1075 W. Northbranch Drive
Tax Key No.: 735-9028
Mr. Fortin explained to the Commission the applicant was requesting a conditional use permit to allow for an animal boarding kennel that would occupy about 5,100 square feet in the existing building at 1075 W. Northbranch Drive.
Commissioner Grabowski questioned the zoning on the surrounding buildings. Mr. Fortin stated it was surrounded by M-1, Manufacturing on all sides which would be the only zoning district this type of business would be allowed to operate. Commissioner Grabowski expressed concern for this type of facility and dogs barking at all hours of the night. Ms. Sue Ann McCotter explained the dogs would all be inside by 7:00 p.m. or 8:00 p.m. at the very latest. They have an inside area where they would all be crated. They play all day long and are usually so tired you don’t hear a peep out of them all night.
Commissioner St. John expressed concern that the proposal was for the back portion of a building and it was being applied to the entire parcel by address. He also commented the facility in Greenfield does not allow over night stays and it would be prudent to go slow on this. The space and dog number should be limited to 10-15 dogs. Ms. McCotter felt they could handle up to 43 dogs total for the amount of space.
Commissioner Siira questioned if the dumpsters for outside dog waste would be picked up daily. Ms. McCotter was not sure of the frequency but thought it would be about twice a week. Commissioner Siira questioned if that has been effective at other Central Bark locations. Ms. McCotter stated during her research she did not find any complaints of the day cares.
Commissioner Dickmann questioned where the dumpsters would be located. Ms. McCotter was not sure at this point but they would be in a place that would not be that visible from the street.
Mayor Bolender expressed a concern with odor. Ms. McCotter assured him there would be none.
Mr. Fortin explained in regards to the conditional use being applied to the whole building it could be limited by square footage on the property.
Portions of this agenda item were not recorded due to a malfunction of the tape.
Commissioner Grabowski expressed concern and would prefer to direct the item back to staff to go over the minuscule details because these are growing businesses and even though it is under the manufacturing zoning they need to be cognizant to the surrounding neighbors.
Commissioner St. John questioned if the fenced play area was two different fenced areas. Ms. McCotter explained it was one penned area with a divider. Commissioner St. John questioned if it was turf. Ms. McCotter stated it was asphalt with a pea gravel area where the dogs would do their business and that area was approximately from 15% of the area to the entire area. She felt it would be closer to a 15% area.
Commissioner St. John was uncomfortable with the amount of space allowed for the dogs to use for urinating in a small patch. He questioned where it would be going and if it may cause ground water pollution or run off pollution. There also may be a potential for odor and insects. Ms. McCotter did not feel it would be a problem because the gravel area was cleaned every day with bleach.
Mayor Bolender felt there were several questions that needed to be addressed and directed the item held until there were answers to the questions. Where was the urine and bleach going and the potential odor problem with the waste. Planning would need to get answers to these questions before we can proceed on this item.
Commissioner Foeckler questioned the number of total customers in the future that was listed as 90. Ms. McCotter explained that would be the total number of customers but the maximum number of dogs at any one time would be 43.
Certified Survey Map – Brett Meyers
2220 E. Puetz Road
Tax Key No.: 825-9015
Mr. Fortin explained to the Commission the applicant was requesting approval of a 4-lot land division for the property at 2220 E. Puetz Road. There would be three new buildable lots created and Lot 4 would be the site of the existing home. Each of the lots being created exceeds this requirement.
Commissioner Grabowski questioned if the applicant was in agreement with the shared driveways. Mr. Meyers did have concerns with the shared driveways. There are several other private drives all along Puetz Road. It does not seem to be an issue to adding three more drives to that section of Puetz Road.
Commissioner St. John was asked to address the concerns of staff and the City regarding the shared driveways. He stated it was a good idea not to have driveways on your major thoroughfares. Puetz is scheduled in the five year plan to be totally reconstructed and these lots would be accessed for that improvement. Puetz has yet to blossom and it will shortly. It is clearly a better idea to have fewer penetrations. Another way to do this would be to let lots 1 and 2 come off of the established driveway on lot four. There is no magical answer to this situation. Obviously fewer penetrations would be better.
Mr. Meyer stated he did not have any concerns with lots 4 and 1 sharing but did have concerns with lots 2 and 3 being required to share. If that was what needed to happen he would fine with that.
Commissioner Dickmann commented this was not that close to the corner and my not present that same problems as lots close to 13th Street.
Commissioner St. John questioned the standards for development in the Rs-2 zoning district. Would Mr. Meyers be required to install curb and gutters, sidewalks and street lighting unless waived by the Council. The Plan Commission could give a recommendation on that situation.
Commissioner Grabowski commented to deviate from the design manual would create a problem.
Commissioner St. John stated he was not sure they had a definitive enough elevation of the roadway in working out the entire design that was three years out that the curb would not be a waste of money. The thing to do would be to have him escrow money to have him pay for it all.
Commissioner Correll commented he did not see how they could deviate after the Shepard Avenue situation. Mayor Bolender stated you could not deviate.
Mr. Meyer questioned if it would make more sense to escrow funds if they were planning on adjusting Puetz Road in the future. Mayor Bolender stated you would have to do that and suggested he meet with Engineering or Planning again.
Commissioner St. John suggested the Commission act on the issue and then work it out before it comes before Council.
Commissioner St. John motioned that the Plan Commission recommend to the Common Council that the certified survey map for the property at 2220 E. Puetz Road be approved, subject to the following conditions:
Commissioner Dickmann seconds.
Commissioner Correll questioned if the improvements were in then wouldn’t that make the shared access a non-issue. Commissioner St. John explained not from impacting the traffic on Puetz.
Commissioner Dickmann commented he did not care for the idea of shared driveways suggested the Common Council that this to a real thorough discussion.
Commissioner Peterson questioned the addition of the FEMA condition. Commissioner St. John explained because the area is now in the adopted plan that has been approved by the DNR, moving to FEMA, which they are liable to adopt it before this paper work can be completed to get it recorded. Therefore whether it is filled or not filled if a home is built on the parcel they would be construed to be in the flood plain because they are in the FEMA line. We need to make sure it is not in the flood plain.
Commissioner St. John amended the conditions to remove the shared driveways and recommended that the Council discuss the issue of shared driveways.
Second concurs.
Roll call, all voted aye. Motion carries.
Plan Commission Consultation – New Carrollville Condominiums
Multiple addresses (Southeast corner of S. 7th Avenue & E. American Avenue)
Tax Key No.: Multiple
Mr. Fortin explained to the Commission the applicant was requesting Plan Commission review of a conceptual plan for the New Carrollville Condominium development. The applicant has provided two conceptual layouts. On layout has 12 four-unit buildings and 28 two-unit buildings for a total of 98 units. The second layout has 22 four-unit buildings and 15 two-unit buildings for a total of 118 units.
Alderman Toman has stated they he would prefer to see this area single family residential as opposed to changing the zoning to multi-family.
Mr. Bart Sweeny, represents developer, stated he was looking for Plan Commission input. Brownfields have come a long way in the last ten years and what they would like to do would be to take some areas and consolidating and capping an area as part of an active remediation plan that would allow then to develop the property and to actually clean up the site. Very seldom can you take materials out of a wetland and come out with a better quality wetland and that would be done with this site. The environmental issues are some what challenging but they are achievable and can be accomplished working with the DNR. Both the DNR and the Army Core of Engineers will allow this to happen. The Planning Commission has commented they would like single family homes in this area and we looked at the plan and from a planning perspective came up with these layouts. They would like to have a higher density along the railroad tracks and then go with duplexes and then single family. The concept would be to have the single family along the existing single family which would address some of the concerns of the neighbors followed by duplexes and then four-plex along the railroad tracks. The access issue is something that they are continuing to work on.
Mr. Paul , explained the major changes that were made to the plan since the last presentation. What they ended up with was an agreement with the DNR and the Army Core of Engineers at least in concept. The majority of the contamination would either be taken out or capped in place as long as the southern portion was enhanced. The access point that is being shown would go out to Ryan Road.
Mayor Bolender commented it was a single family situation at this time and he did not want to see it changed. He agreed with the residents and the Alderman that it should not be changed. The road that goes to Ryan Road would cross a major drainage.
Mr. Sweeny addressed the Mayor‘s concerns explaining that it could be developed as single-family but they were looking at the market place. Affordable condominiums were being proposed for the site market place dictates that. They think with this particular site they can clean up the site and try to work with the conceptual plan and try and get some compromise to get a plan that is a benefit to the community and the neighborhood.
Mr. James Varga, 9254 S. 8th Avenue, stated he cannot believe they keep coming back with condo even thought the neighborhood wants single-family homes on large lots.
Mr. Ross Wallick, 9264 S. 8th Avenue, commented he felt condos were not a good fit and felt they would attract problems. He does not have a problem with putting in single-family homes.
Mr. James Annuziato, 9254 S. Annette Place, commented the apartments that he used to live in were turned into condos by the railroad tracks and he could not sell them. How is he going to sell condos near the railroad tracks on contaminated land? It would end up being low income housing and he did not want to see that happen.
Mr. Don Schantzen, 9310 S. 8th Avenue, commented at the last meeting the neighbors stressed single-family dwellings and now they have eliminated a few four unit buildings but they have condos lined up against the railroad tracks. The revised plan shows they only reduced about two four units. The density is also too high.
Commissioner Grabowski questioned if the land for the access to the ingress and egress had been acquired. Mr. Sweeney stated discussions have begun but they did not have ownership at this point. They would not proceed except conceptually until they had actual ownership of those lands.
Commissioner Grabowski questioned if these would be rental units or condos. Mr. Sweeney stated they would be strictly condominium units. Condominium ownership is very desirable with a lot of home buyers.
Commissioner Grabowski also questioned if the capping was an on going discussion with the DNR. Commissioner St. John stated the last letters that he had seen seemed to indicate that the DNR may be open to capping something. He expressed concern with the developer’s sales representatives not disclosing the extent of the capping of the contamination with the buyer. Mr. Sweeney explained under Wisconsin Law there are disclosure obligations and it would have to be disclosed to the buyer in detail. He has been involved in Brownfields throughout the country and those issues are addressed and disclosed in detail on each issue.
Commissioner Correll questioned if there was a single-family conceptual plan. Mr. Sweeney stated the single-family plan was basically the previously approved plan with nonconforming lots that would need to be discussed.
Commissioner Correll commented the only thing to look that avoids the rezoning would be the single-family plat.
Mayor Bolender stated he would back the residents and would not rezone this area. It was zoned for single family and that would be what it would stay as long as he was around.
Alderman Kopplin questioned if this was to go to single family would they be able to show the building pads because if the home doesn’t fit and the pad needs to be adjusted how would that work with the contamination. Commissioner St. John commented that until they have a final decision from the DNR…
Ms. Alice Thompson, wetland expert, originally delineated the boundaries of the wetlands on the site. It is an extremely unusual site because of the stripping of the topsoil, the putting of the coal tar waste has created wetland cavities throughout the site. The DNR is saying you need to get rid of the contamination of the ground water and there needs to be wetland protection as a balance. She has been working with the DNR and the Army Core to find out how they could take care of the contamination problem and then protect the wetlands. They are trying to permit the project through the DNR as soon as a conceptual plan is worked out.
Commissioner Grabowski motioned to adjourn. Commissioner Correll seconds.
Roll call, all voted aye. The meeting adjourned at 9:10 p.m.