MINUTES OF THE
TUESDAY, DECEMBER 6, 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 Kopplin, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Commissioner Sokol was excused. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of the November 28, 2006 Plan Commission meeting. Commissioner Dickmann seconds. Roll call, all voted aye. The 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 December 5, 2006 Common Council meeting. There were no comments or concerns from the Commissioners.
Rezone – Oak Creek Franklin School District - New Middle School Site
3521 E. Oakwood Road
Tax Key No.: 960-9999-001
This item was held at the request of the applicant.
Sign Appeal – DM General Antiques
1199 W. Ryan Road
Tax Key No.: 905-9993-002
Mr. Fortin explained to the Commission the applicant was requesting a variance from the City of Oak Creek Municipal Code Section 17.0707 which states that off-premise signs except official signs are not permitted in any district.
Mary Ann Schauer and David Schauer 8433 Hwy V, Caledonia 53108, were sworn in and explained it would cause a hardship if they were not allowed to have the sign at this location because 50% of their business comes from the sign.
Mayor Bolender questioned how far away the business was from the sign. Mr. Schauer stated it was about 2.5 miles away.
Mr. Schauer explained he bought the store in 1992 and then took a couple of years to fix it up and then put the sign out in 94 or 95. Originally it was out a little closer to the road and they received a ticket because the sign was in the right-of-way. We moved it back and when they came to the City they were told it was alright as long as it was not in the right-of-way.
Ms. Schauer explained they do all of their banking and grocery shopping within Oak Creek. They both went to the Oak Creek High School.
Mr. Schauer made note of the fact that other businesses have signs located along the freeway like Pottawatomie. Mr. Fortin explained that billboards located within Oak Creek are prohibited but they may have legal nonconforming status but it would need to be researched.
Alderman Tom Michalski, objected to the location of the sign but also sympathized with the applicants. Advertising for a business that is two and half miles away located within a different county. If the City can’t regulate a sign like this than what signs can they regulate? Alderman Michalski did not see the benefit to the community and would be against granting the variance.
Mayor Bolender called twice for public comment.
Ms. Carol Grundy, 9160 S. Nicholson Road, stated she has seen the sign at its current location for many years. The sign is their life and their business. The Commission should be friendly to business. Just because they are not located within Oak Creek they are serving the people of Oak Creek with their business. Ms. Grundy stated the sign was nice looking. She did not want the City to control everything. Mayor Bolender commented if they did not control how the City looked the City would start to look shabby.
Ms. Grundy questioned if the sign was up before the ordinance was changed. Mr. Fortin stated they could not find any record of a permit being issued for the sign. With out knowing exactly when the sign was erected and what sections of the ordinance were in effect or changed. If a permit was issued for the sign they would not be before the Commission. Since there is no permit or record of City approval they do not get legal nonconforming status. Ms. Grundy questioned why they were not told the sign couldn’t be at the location when they were issued a fine. Mr. Fortin stated he did not know who issued the fine and it could have been the Police Department. Mr. Schauer (inaudible).
Commissioner Dickmann questioned what the applicants would do if the property was sold and they were not allowed to have the sign at the location because of the new owners. What would they do as business owners? Mr. Schauer stated they would lose the business. Ms. Schauer stated they would have to spend more money on advertising.
Commissioner St. John commented they needed to look at the bigger picture and questioned if there were any permitted off premise signs under the existing ordinance. Mr. Fortin stated the only thing the existing ordinance allowed for was official signs. He was not aware of any variances for off premise signs. Commissioner St. John explained they have businesses that can’t live with the current on premise sign ordinance and if they were to open this up they would have hundreds of sign on Ryan and Howell. Commissioner St. John encouraged the Commission to change the ordinance and set some criteria rather than approve a variance.
Commissioner Siira questioned if there was a way to grant a temporary variance until the corner develops.
Mayor Bolender called a third and last time for public comment.
Commissioner Correll moved to close the public hearing. Commissioner Grabowski seconds. Roll call, all voted aye. The public hearing was closed.
Commissioner Peterson expressed empathy for the situation but felt they needed to look at other means of advertising.
Commissioner Dickmann commented the draft of the new ordinance would not allow for any off premise signs. This particular sign seems to be more of a directional sign than a sign for advertising.
Commissioner Correll questioned if the situation evolved because of the new sign zoning administrator. Mr. Fortin stated it was. Commissioner Correll questioned if there were going to be several additional sign appeals as a result. Mayor Bolender stated there would be others presented to the Commission.
Commissioner Correll moved to deny the sign appeal for DM General Antiques.
Commissioner Dickmann seconds. Roll call, Dickmann; aye, St. John; aye, Siira; nay, Kopplin; aye, Bolender; aye, Grabowski; aye, Correll; aye, Peterson; aye. Motion to deny carries.
Site Plan Review – Revisions to Colonial Woods Condominiums Site Plan
8100 & 8300 S. 27th Street, 8100 S. Orchard Way & 8245 S. 20th Street
Tax Key No.: 810-9012, 810-9013, 810-9014
Mr. Fortin explained to the Commission the applicant was requesting revisions to the approved site and landscaping plans for the Colonial Woods Condominium Development to allow the relocation of the clubhouse building from the north end of the development to the south end.
Commissioner Kopplin questioned if there would be sufficient parking with the relocation of the clubhouse. Ms. Devon Wichelt, Heartland Development stated the amount of parking was not going to change.
Commissioner Correll questioned the reasoning behind moving the clubhouse. Ms. Wichelt explained it was because it was being moved to phase one and they would like to have that amenity in first.
Commissioner Dickmann moved that the Plan Commission approve the revised site, building, and landscaping plans for the Colonial Woods Condominiums subject to the following conditions:
- That the revised utility plans are approved by the Water and Sewer Utility
- That any revisions to the site drainage, grading and stormwater management plans are approved by the Engineering Department.
- That the revised landscaping plans are approved by the City Forester and Department of Community Development.
- That all building and fire codes are met.
Commissioner Grabowski seconds.
Commissioner Siira questioned if building and landscaping plans should be included in the motion. Mr. Fortin explained the landscaping should be moving with the buildings but the City Forester would like a chance to review the changes.
Roll call, all voted aye. Motion carries.
Site Plan Review – Nordco Railroad Spur Extension
245 W. Forest Hill Avenue
Tax Key No.: 828-9023
Mr. Fortin explained to the Commission the applicant was proposing to add two railroad spur extensions along the south end of their portion of the multi-tenant building at the southeast corner of W. Forest Hill Avenue and S. Liberty Lane. The spurs will be around 2090 feet long and will be placed on an area that is currently a gravel drive.
Commissioner St. John questioned who owned the building. Ms. Chris Polzer, agent for the owner and property manager. Commissioner St. John questioned if the owner was in concurrence with this because they would own the railroad spur. Ms. Polzer stated there was already an agreement typed up and signed by both parties.
Commissioner Kopplin questioned if the railroad spur would affect the scenery of the open lot on Bell Court. Commissioner St. John stated this project was on the other side of Bell Court.
Commissioner Siira moved that the Plan Commission approve the railroad spur extension for the property at 245 W. Forest Hill Avenue subject to the following conditions:
- That the landscaping plans for the screening of the railroad spurs are approved by the City Forester and Department of Community Development prior to the issuance of building permits.
- That all building and fire codes are met.
- That the applicant provides the City with the existing greenspace and impervious area calculations prior to the issuance of building permits.
Commissioner Dickmann seconds and requested the addition of a fourth condition 4. That requires a copy of the agreement between the tenant and the property owner to be submitted to the City of Oak Creek. First concurs. Roll call, all voted aye. Motion carries.
Plan Review – H.C. Brill Company Boiler Room Addition
7350 & 7412 S. 10th Street
Tax Key No.: 764-9025-001 & 764-9026
Mr. Fortin explained to the Commission the applicant was requesting approval of a 2,450 square foot boiler room addition onto the north side of their property. The addition will be constructed of concrete masonry unit blocks to match the existing.
Mayor Bolender questioned if the Fire Department had any issues with the addition. Assistant Fire Chief George Krudop stated the location was approved it would just need to meet the fire code.
Commissioner Siira questioned if they would need any type of fire rating separation required between the addition and the existing building. A.C. Krudop stated the boiler room is a question for the building inspector; the fire rating for the wall is either a one or two hour wall.
Commissioner Kopplin moves that the Plan Commission approve the boiler room addition for the H.C. Brill Company subject to all building and fire codes being met.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Isa Hidri
1101 E. Forest Hill Avenue
Tax Key No.: 826-9022
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map for the property at 1101 E. Forest Hill Avenue that would create four lots in the Rs-3, Single Family Residential zoning district. Staff is concerned with the proposed lot configuration. Staff has asked the applicant to reconfigure the map to have three lots all taking access off of Benjamin but the applicant would prefer to go forward with the certified survey map as proposed.
Mayor Bolender questioned why Mr. Hidri did not want to change the current configuration. Mr. Isa Hidri, 1101 E. Forest Hill Avenue, stated he had plenty of land and he did not see a problem.
Alderman Grabowski questioned if he was not willing to look at the option of having access off of Benjamin Drive. Mr. Hidri explained in order to make the lots in that size with his home he would need access off of Forest Hill.
Commissioner Siira stated unless the lots were reconfigured there would be no way to format the lots so they all went onto Benjamin Drive. Mr. Fortin stated that was correct they would have to relocate the driveway. They would only be able to get three lots off of Benjamin.
Alderman Grabowski questioned if there was another configuration. Mr. Fortin stated there was only the one configuration submitted.
Commissioner Dickmann reminded the Commission of the CSM situation on 20th and Wood Street. The Commission only wanted three lots onto Wood Avenue and moved forward with it and the applicant took the City to court because he did meet all the requirements of the zoning district.
Commissioner St. John suggested he reconfigure the lots with lot 1 taking access off of Forest Hill and the other three lots taking access off of Benjamin Drive.
Mayor Bolender directed the item held until the applicant checked all options.
Plan Commission Consultation – Ener-Con Companies
239 & 325 E. College Avenue and 6440, 6460 & 6448 S. Howell Avenue
Tax Key Nos.: 719-9995, 719-9007, 719-9002-001, 719-9987-002, & 719-9986
Mr. Fortin explained to the Plan Commission the applicant was requesting Plan Commission comments on a conceptual plan for a proposed Mixed Use development that incorporates four (4) parcels on S. Howell Avenue and E. College Avenue. The uses include a retail buildings, hotel, restaurant, office/warehouse buildings, office buildings similar to the Corporate Square Office park at 7300 S. 13th Street and mini-warehouses.
Commissioner Kopplin discussed the results of the neighborhood meeting that was held regarding this proposal. The neighbors liked the proposal and the fact that the mini-warehouses had peaks on the roof and brick so it would fit in with the neighborhood. The one concern was with the stormwater and Mr. Dilworth’s engineer addressed that concern. There was a very good reception for this project for this area.
There was some discussion regarding the proposed stormwater and the sewer connections. Commissioner St. John stated the largest concern for the project was the unknown with what the airport was going to do. No one knows where the road is going to go and if Mr. Dilworth would connect the cul-de-sacs through as a public street he could hedge his bets against anything. Commissioner Kopplin commented at the neighborhood meeting it was agreed that the road would not go through but would have a fire lane with a break away otherwise the neighbors are against the proposal.
Mr. Dilworth commented they have met with the airport and the engineers have drawn what they have for another runway. This plan was designed around the future airport expansion.
Commissioner Grabowski questioned if the developers were concerned about having a hotel in the flight path regarding noise. Mr. Dilworth explained the airport said they could only go 35 or 36 feet high. The hotel would have to meet the sound requirements for the area from the airport.
The Commission expressed concern for the location of College Avenue and the runways in the future in relation to this proposal. Mr. Dilworth stated his plan was designed with the future road layout. He also explained the corner property was the one that was most up in the air and his proposal did not include the corner properties.
Commissioner Siira questioned the vision for the two buildings fronting Howell Avenue. Mr. Dilworth explained he would like to match the neighboring heating contractor and have decorative block buildings for an office/warehouse. Commissioner Siira questioned the type of truck traffic expected at the site. Mr. Dilworth would like to see something similar to the heating contractor.
Commissioner St. John stated he would like to see some substantial buildings because they were going to give concessions for the warehouse because it is not serviceable by sewer so it needs to be screened well. They would like to see nice buildings in the front screening the warehouses.
Commissioner Grabowski questioned what type of warehouse was envisioned. Mr. Dilworth again stated it would be a similar use as the heating contractor to the south with the smaller compact vehicles. He could not say definitely because this was just a concept plan at this point.
Commissioner St. John stated the bottom line was they would be looking for nice buildings on Howell Avenue.
Commissioner Kopplin commented Mr. Dilworth has done some quality projects and the Commission could expect another quality project with quality buildings from Mr. Dilworth.
Commissioner Dickmann questioned the types of retail that was expected without visibility from College Avenue. Mr. Dilworth expected a use that would complement a professional office space.
Commissioner Grabowski questioned if Mr. Dilworth would consider having the mini-warehouses taking access off of College instead of Howell. Commissioner St. John commented it was in that location because of the bad land on the site. Commissioner Grabowski expressed concern for the visual aspect of the warehouses on Howell Avenue.
Mayor Bolender commented everything would depend on the movement of College Avenue and what the airport would be doing in the future.
Final Plat – Shepard Orchard Subdivision
10020, 10050, 10110 and 10160 S. Shepard Avenue
Tax Key Nos.: 922-9081-001, 922-9069, 922-9073 & 922-9077-001
Mr. Fortin explained to the Commission the applicant was requesting approval of the Final Plat for the Shepard Orchard Subdivision. The final plan will create 48 lots in the Rs-2, Single Family residential zoning district.
Commissioner Grabowski questioned the purpose of the two additional lots. Mr. Fortin explained they were currently outlots and would be converted to regular lots at the time the temporary cul-de-sac is removed and the streets are extended to the north.
Mr. Chad Hasse, 10160 S. Shepard Avenue, expressed concern because there was supposed to be a swale on the back of his property and his neighbors. Mr. Shirikian explained the subdivision was built according to the grading plan and has been certified by the Engineering Department. Commissioner Grabowski questioned if he was experiencing any problems at this time. Mr. Hasse stated he was not having any problems at this time because the silt fence is up. Commissioner St. John explained the silt fence would not stop water. Mr. Hasse explained when the silt fence was installed it stops all the dirt and that has been stopping any water. When he first purchased the land he did not have any water and he and his neighbor are concerned that the water would be running on their property because they do get water from the upper neighbors and the street is higher than his backyard.
Mr. Art Laabs, 1208 E. Oak Lane, discussed major concerns with Mike Sullivan and Dusty because the road was not finished in front of his home and the landscaping was not completed. It was supposed to be a contingency of the approval and he has not heard any more regarding these concerns. He also expressed concern for additional water on his property and the way the old and new roads were meeting up. Commissioner Grabowski explained that Oak Lane was a very old road and the curb and gutter stop at the old road. Mr. Laabs questioned if they should line up better than they do at this time. He also questioned the flume that was installed. The flume was taken out from the snow plow. Commissioner St. John stated he wished he had known about this before the meeting and suggested the item be held until the issues could be addressed. Mr. Laabs gave a picture CD to Brian Johnston from the Engineering Department.
Mr. Shirikian would like the Commission to bear in mind that this is a new subdivision and there is still a lot of silt fencing installed and this is built based on finished product. With respect to the road issue the existing East Oak Lane is a ditch storm sewer and then you have curbs coming in that intersect at the property line. There were some adjustments made with respect to the flume it was at one time built with dirt. Mr. Laabs had some concerns with that and they went back and sodded it and built it accordingly. To address some of Mr. Laabs concerns Mr. Shirkian created additional funds for landscaping and street trees in the security deposit.
Mayor Bolender directed the item held until all outstanding issues could be resolved.
Final Plat – Belmont Grove
8455 S Pennsylvania Avenue
Tax Key No.: 825-9018
Mr. Fortin explained to the Commission the applicant was requesting approval of the final plat for the Belmont Grove Subdivision. The final plat would create twelve lots in the Rs-2, Single Family residential zoning district. The final plat substantially conforms to the preliminary plat. The public improvements have been certified as complete by the Engineering Department, the Streets Department, and the Water and Sewer Utility.
Mayor Bolender questioned why the road was so high. Commissioner St. John explained they had to get the gravity sewer to come back into the system.
Mayor Bolender questioned how they were going to get houses in there that were not going to stick out like a sore thumb. Mr. Peter Shepard, the Dillon Group explained they would have exposed basements on 10 of the 12 lots.
Mayor Bolender questioned if the ditch was protected so children from the area would not fall in. Mr. Shepard stated there was a tree line along the perimeter.
Commissioner Grabowski commented she was pleased to see the substantially larger lots.
Mr. Bradley Schwanda, 2009 E. Forest Hill Avenue, could not use the back portion of his lot 8 months out of the year and did not anticipate it getting any better. The water probably gets about two feet deep in the middle of his lot. There is a flood plain that goes across his property. Commissioner Grabowski questioned if he was experiencing more water. Mr. Schwanda stated he never had as much as he has right now. Mr. Sheperd explained the detention basin was on outlot 1, all the water gets stored there and then gets released from that point. The whole area is a wetland and they can not touch that area. The DNR would not allow them to do anything in that area. The development is not causing any additional water on his property.
Commissioner St. John suggested Mr. Schwanda come into the Engineering Department and they sit down and take a look at what is happening in that area.
Commissioner Dickmann moved that the Plan Commission recommends to the Common Council that the final plat for Belmont Grove subdivision be approved, subject to the any technical corrections being made prior to recording.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Commissioner Peterson moved to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. The meeting was adjourned at 8:52 p.m.