MINUTES OF THE
TUESDAY, OCTOBER 11, 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 Sokol, Commissioner Siira, Commissioner Kopplin, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of September 26, 2006 Plan Commission meeting. Commissioner Dickmann seconds. Roll call, all voted aye. Commissioner Peterson commented that Commissioner Grabowski was not present at the September 26, 2006 meeting. Commissioner Peterson moved to approve the minutes of the September 26, 2006 Plan Commission meeting. Commissioner Siira seconds. Roll call, all voted aye. Minutes were approved as submitted.
Report on Significant Common Council Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the October 3, 2006 Common Council meeting. There were no comments or concerns from the Commissioners.
Certified Survey Map – Demco Wisconsin (Taco Bell Property)
8201 & 8261 S. Howell Avenue
Tax Key No.: 813-9009-004
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would split the Howell Oaks retail development into 3 lots. Back in April of 2002, the Plan Commission approved a two-lot certified survey map for this property. The applicant is now requesting a revision to the CSM that would split the property into three lots instead of two. The parcels are all in the B-4, Highway Business district and meet or exceed the minimum requirements for the district.
Mr. Michael DeMichele, WillowTree Development, explained the sanitary sewer easement was not in place at the time of the last approval and is in place at this time and the ingress easement is also in place at this time.
Commissioner Dickmann questioned if there was enough green space on lot 1 to further divide the parcel in the future. Mr. DeMichele believed there was enough green space to further divide the property in the future.
Commissioner St. John commented the City should look into the irregular lots that are being formed to get around rules which are legal under the rules. The City is getting a hodge podge of lots and frontages and needs to take a look at this in the future.
Commissioner Sokol moved that the Plan Commission recommend to the Common Council that the certified survey map for the property at 8201 & 8261 S. Howell Avenue be approved, subject to any technical corrections being made prior to recording.
Commissioner Grabowski seconds. Roll call, all voted. Motion carries.
Plan Review – Gastraus’s Golf Center Addition
1214, 1328, 1388, & 1500 E. Rawson Avenue
Tax Key Nos.: 732-9997, 732-9998, 732-9985, and 732-9999
Mr. Fortin explained to the Commission the applicant was requesting approval of site and building plans for an addition to their existing facility. The plans include a 1,180 square foot building addition to their existing clubhouse, a new storage building, and a 3,960 square foot outdoor canopy structure.
Commissioner Dickmann questioned how well the lexan material held up to wind. Mr. Randy Wilhelm – Gastrau Fuerer & Associates, explained the material was engineered and would be sized according to the installation size.
Commissioner Sokol questioned how the material held up to golf ball impact. Mr. Wilhelm stated it was 200 times stronger than glass. It does come along with a warranty for hail damage.
Commissioner Kopplin commented the driving range has been around for a long time and she visited the site. Their lease has been extended with the County for ten years and she has no problem with the business. The landscaping does need to be upgraded.
Commissioner Siira questioned if the cultured stone would be on both sides of the building. Mr. Wilhelm stated it would be on the existing building, the building addition and on the street side of the low partition at the tee line and wrap around the corner. On the inside it will have the hardy board siding which will not be visible from the street.
Mr. Fortin commented staff would like to see the garage be tied in with the other building by adding the same cultured stone. Commissioner St. John questioned if that was a condition of approval. Mr. Fortin commented it was part of the staff report and if the Commission agreed they could add it as a condition of approval.
Commissioner St. John questioned if storm water computations have been done. Mr. Steve Gastrau explained when the mini golf course was built in 2001 the storm water was an issue at that time and there is a retention area at this time that was over engineered at the time.
Assistant Fire Chief George Krudop questioned if the portable driving shelter was going to be replaced by this new building. Mr. Gastrau stated the shelter would go down to the grass tee area in the summer and in the winter it will come back to the main tee line and heaters will be installed.
Commissioner Kopplin commented she has never received on complaint regarding the golf center since the have been operating at this site.
Commissioner Kopplin moved that the Plan Commission approves the site and building plans for the addition to the Gastrau Golf Center, subject to the following conditions:
- That all building and fire codes are met.
- That all of the lexan panels are stored in the storage building when they are not on the canopy walls.
- That the applicant cleans up the landscaped berm prior to the issuance of occupancy permits.
- That the final site grading and drainage plans are reviewed and approved by the Engineering Department.
- Cultured Stone cladding around the storage building.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Planned Unit Development Amendment for Meadowmere Village and Resolution Amendment for Oak Park Apartments
8720, 8739, 8767, 8873, and 8828 S. Oak Park Drive and 701 E. Puetz Road
Tax Key No.: Multiple
Mr. Fortin explained to the Commission the applicant was requesting amendments to ordinances and resolutions as they impact the Oak Park Apartments and Meadowmere Village properties at the southwest corner of E. Puetz Road and S. Shepard Avenue. The owners of Oak Park Apartments are attempting to sell the complex and are hoping to clear up some errors and burdensome language in previously adopted ordinances and resolutions.
Commissioner Sokol questioned if the issues could be taken as separate motions. Mr. Fortin stated that would be the preferred method. Commissioner Sokol commented that he did not have a problem with the first one at all. The intent of number 2 and 3 is clear given that the complex is right by the high school the original drafters of the proposal might have been concerned about making sure that this doesn’t become some make shift ownership where people just buy, sell, rent and have the management of the property go down hill. It has an excellent reputation of being a very well run development, which was achieved. Ms. Liz Perry, representing Banner Acquisitions, explained the resolutions include the entire property which also includes the Meadowmere Village which as it exists it is very confusing because it is not in common ownership. There is a large cloud on the title which they would like to move past.
Mayor Bolender commented he did not have a problem with No. 1 but No. 3 bothers him extensively. The language should not bother them so much. Ms. Perry explained it was unclear to them that Oak Park would be responsible for 50 years and they are trying to transfer the property and where would that leave them. Commissioner St. John questioned if there was assignment language. Mr. Fortin state there was not.
Commissioner Kopplin questioned who the current owner of the apartments was. Ms. Perry stated she was not aware of that information.
Mayor Bolender again stated he did not have a problem with item 1 but has serious problems with items 2 and 3 for staff recommendations. He did not want to give up items 3, 4 and 7 from the resolution. Ms. Perry directed Mayor Bolender to item 4 of the resolution regarding the 50 year commitment. They would like to buy the property and sever their relationship with Oak Park but under the terms of the resolution they would not be allowed to do that.
Mayor Bolender stated if the Commission was going to have to make a decision and the City Attorney has given an account to the Planning Department than the Plan Commission should have that account or should have a written legal opinion of it.
Commissioner Sokol stated if Larry Haskin was going to be asked to give an opinion he would like to know if there was something illegal about what the Planning Committee did in 1963. If there is nothing illegal about it he would like the City to retain control over what is going on in the building complex. The intent is clear and all of the parties agreed to it at that time. Ms. Perry expressed concern for the legal description given in the ordinance because it includes the Meadowmere Village in the Oak Park Apartment and they have already been split and subdivided.
Mayor Bolender held the item for legal opinion from the City Attorney.
Commissioner Dickmann requested that City Attorney, Larry Haskin be present at the next meeting that this issue is discussed to address any additional questions that may arise.
Final Plat – Mallard Creek Phase 1
10026 S. Nicholson Road
Tax Key No.: 921-9993-002
This it was withdrawn prior to the meeting and was not discussed.
Street Vacation – E. Edison Road
Southeast ¼ of Section 14 (North of the intersection of E. Putez Road & S. Chicago Road)
Mr. Fortin explained to the Commission staff was requesting that the right-of-way for East Edison Road be vacated and the property given to the property owners to the north and south of the right-of-way. The Water and Sewer Utility has indicated that they will need a 50 foot wide easement along the S. Chicago Road right-of-way.
Ms. Linda Sodemann, WE Energies, wanted to make sure WE Energies’ rights were retained for access to the utilities. They have a distribution line on the north side of Edison Street and she wanted to make sure they have access to it.
Commissioner Kopplin questioned how the trucks that were currently using the street would gain access if the road was vacated. Commissioner St. John explained the road would still be there it would just not be owned by the City.
Mayor Bolender questioned what WE Energies needed. Ms. Sodemann explained they have a distribution line on the north side of Edison Street and they wanted to make sure that they can retain the rights to get in there to access the property. Mr. Fortin questioned if they would be requesting an access easement. Ms. Sodemann confirmed that was the case.
Commissioner Peterson moved that the Plan Commission recommend to the Common Council that the City vacates the E. Edison Road Right of Way with access for public utilities after a public hearing.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Plan Commission Discussion and Recommendation to the Common Council – I-94 & Drexel Avenue Land Use and Zoning
Vicinity of West Drexel Avenue and Interstate 94
Mr. Fortin explained to the Commission after discussion at previous meetings staff is now requesting that the Comprehensive Plan be amended to designate the properties north of W. Drexel Avenue, between S. 13th Street and Interstate 94 as “Planned Office”. This type of commercial land use would have the minimum amount of impact on the neighboring residents.
Mr. Al Ellingson, 8170 S. 20th Street, questioned if the planned office included warehousing. Mr. Fortin stated it did not include warehousing. Mr. Ellingson expressed concern for the noise from the interchange. Mayor Bolender commented it would all have to be bermed to protect the houses closest to Drexel on the north so they wouldn’t be affected.
Alderman Grabowski questioned where the points of ingress and egress should be for the B-3. Mr. Fortin commented it was premature to comment because there are no proposals at this point. Commissioner Grabowski questioned the types of business that could go in the B-3 District. Mr. Fortin stated it could be any type of office use be it a business or medical office. The B-3 is limited to low intensity uses. There would not be trucking or manufacturing type of uses.
Commissioner St. John questioned why the I-1 land was being rezoned. Mayor Bolender commented the lands in that area would be very valuable and the residents may want to escape to a quieter area if they would like. Mr. Fortin explained he did not think the I-1 was a bad use for the site but having the entire area zoned B-3 there would be more land for office or medical complexes.
Commissioner Kopplin commented there were not many residents from 13th Street because they would comment at the public hearing. She also explained that dirt berms would be allowed but the walls would not be put up because the State no longer pays for them the City would have to pay the entire cost. Commissioner St. John commented that was true unless they add a lane which is the plan at this time. It would reopen the noise abatement issue at that time.
Mr. Ellingson questioned if it was true that the improvements of the interchange would be the responsibility of the City as far as costs. Mayor Bolender stated they would have to pay a portion and there is a big benefit to having the interchange at that location for Oak Creek and Franklin would have to help cover the costs.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the Comprehensive Plan “Planned Land Use Map” be amended to designate the properties at 7581 and 789 S. 13th Street as “Planned Office”.
Commissioner St. John seconds.
Roll call, Dickmann; aye, St. John; aye, Sokol; abstain, Siira; aye, Kopplin; aye, Bolender; aye, Grabowski; aye, Correll; nay, Peterson; nay. The motion carries.
Commissioner Dickmann moved that the Plan Commission recommend that the Common Council rezone the properties at 7581 and 7869 S. 13th Street from I-1, Institutional and Rs-3, Single Family Residential to B-3, Office and Professional Business, after a public hearing.
Commissioner St. John seconds.
Roll call, Dickmann; aye, St. John; aye, Sokol; abstain, Siira; aye, Kopplin; aye, Bolender; aye, Grabowski; aye, Correll; nay, Peterson; nay. The motion carries.
Commissioner Grabowski moved to adjourn. Commissioner Peterson seconds. Roll call, all voted aye. The meeting adjourned at 8:15 p.m.