MINUTES OF THE
TUESDAY, FEBRUARY 14, 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 Foeckler, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Also present were Doug Seymour, Director of Community Development; Jeff Fortin, Planner and A.C. George Krudop.
Commissioner Grabowski moved to approve the minutes of January 24, 2006 Plan Commission meeting. Commissioner Dickmann 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 February 7, 2006, Common Council meeting. There were no comments or concerns from the Commissioners.
Certified Survey Map – Parkway Apostolic Church
10820, 10940, & 10970 S. Nicholson Road
Tax Key No.: 971-9992-001, 971-9016 & 971-9999-002
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would combine two parcels and move a property line on land owned by the Church.
Commissioner St. John questioned what would happen with the residential portion of the land. Pastor Tamel stated they had no plans for the parcel at this time and would not be requesting any rezoning at this time for the parcel.
Commissioner Kopplin questioned what would be happening with parcel two which still had residential zoning along with the institutional zoning. Pastor Tamel explained the land was originally purchased to expand the parking and did a CSM at that time. The zoning was never changed at that time the lot lines were readjusted to clean up the lot lines.
Mr. Fortin stated the applicant could apply for a rezoning for the property or the Commission could make it a part of their approval. Pastor Tamel was in agreement with the rezoning of the church parcel.
It was decided the rezoning would be City driven to clean up the rezoning on the property at no expense to Parkway Apostolic Church if so directed by the Council.
Commissioner Correll motioned that the Plan Commission recommend to the Common Council that the certified survey map for the properties at 10820, 10940 & 10970 S. Nicholson Road be approved subject to any technical corrections being made prior to recording and including a request for the Council to rezone parcel 2 to I-1 zoning.
Commissioner Grabowski 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 will occupy about 5,100 square feet in the existing building at 1075 W. Northbranch Drive. The operation would be a doggie daycare where customers can drop their dogs off in the morning and pick them up after work.
Commissioner Grabowski questioned if all of the issues were addressed from the last Plan Commission meeting. Ms. Sue Ann McCotter explained she provided staff and the Commission with addendum’s that should clear up any concerns from the previous meeting.
Alderman Kopplin, 6931 S. Howell Avenue, stated she and the applicant met with the plumbing inspector and some of the concerns were addressed at that meeting that would be worked out when the building permits were applied for.
Commissioner St. John commented he was not in complete agreement with the operation but they could be addressed at the time of the conditions and restrictions. Ms. McCotter pointed out the information provided addressed how it was researched for the amount of appropriate space that would be needed per dog. Commissioner St. John expressed concern for the neighbors. Ms. McCotter stated she has contacted the neighbors and they are agreeable to her business at this location.
Commissioner Dickmann questioned if there was a potential for the care of dogs after regular business hours. Ms. McCotter explained it was standard procedure and the only dogs allowed for overnight stays would be current day time customers.
Ms. Jackie Jordan, 11407 N. Parkview Drive, Mequon, Barkley Adventures, explained the typical business hours and the use of the outdoors for the business.
Commissioner Peterson questioned if all the neighbors were in the manufacturing zoning. Mr. Fortin confirmed there were not residential neighbors. Commissioner Peterson questioned the concern for the neighbors in a manufacturing area.
Commissioner St. John motioned that the Plan Commission recommends to the Common Council that the conditional use for an animal boarding kennel for the property at 1075 W. Northbranch Drive be approved after a public hearing and subject to conditions and restrictions that will be prepared for the Commission at the next meeting.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Petrelli Development
8768 S. Nicholson Road
Tax Key No.: 862-9995
Mr. Fortin explained to the Plan Commission the applicant was requesting approval of a certified survey map that would create four lots in the Rs-3, Single Family Residential Zoning District. Lots in the zoning district require a minimum of 12,000 square feet in are and a lot width of 80 feet (90 for corner lots). Each of these lots exceeds these minimums.
Commissioner Dickmann questioned where the compensation area for the CSM would be located. The applicant stated it would be specifically located only on lots 1 and 2.
Commissioner Siira suggested they add the condition that access not be allowed onto Puetz Road from lot 1.
Mayor Bolender commented because of the wetlands on lot 1 access to Puetz Road would not be possible. The applicant confirmed all access points would be taken from Nicholson Road.
Commissioner St. John questioned if the applicant had looked at soil types and groundwater height. The applicant explained he had not looked into that at this point. He has only had Wetland Consulting on the site at this time. Commissioner St. John expressed concern for the homes being to close to the wetlands and water recycling through the sump pump.
Commissioner Dickmann questioned if the applicant should be required to provide money for future improvements. Commissioner St. John felt the Plan Commission should pass on this one and would like the CIP to address the issue. He also commented this should be allowed to go to Council and let the CIP step in and present and alternative.
Commissioner Dickmann motioned that the Plan Commission recommend to the Common Council that the certified survey map for the property at 8768 S. Nicholson Road be approved subject to the following conditions:
First and second concur.
Mr. Jack Cole, 1610 Puetz Road, questioned where on the property the compensating storage would be located. Mayor Bolender stated the grading plan was not complete at this point and time. Commissioner St. John stated the area they were taking out of floodplain was not under a lot of water. Therefore they would be removing soil from elsewhere to let the ponding be deeper elsewhere on the lot to bring that one up.
Roll call, all voted aye. Motion carries.
Certified Survey Map – Columbia Grinding
7375 & 7411 S. 10th Street
Tax Key No.: 764-9024 & 764-9021
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that will combine the properties at 7375 & 7411 S. 10th Street into one 4.28 acre parcel. The land consolidation is being done to accommodate the expansion of the Columbia Grinding facilities.
Commissioner St. John motioned that the Plan Commission recommend to the Common Council that the certified survey map for the properties at 7375 & 7411 S. 10th Street be approved subject to any technical corrections being made prior to recording including showing the existing easements and a new 20’ water main easement running the length on the property along S. 10th Street.
Commissioner Foeckler seconds. Roll call, all voted aye. Motion carries.
Plan Review – Columbia Grinding
7375 & 7411 S. 10th Street
Tax Key No.: 764-9024 & 764-9021
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building and landscaping plans for a proposed building addition. Their addition would be to the southern building located at 7411 S. 10th Street. The 12,800 square foot addition is proposed to be constructed of split face cmu to match the existing building.
A.C. George Krudop pointed out that the 225 feet of watermain along 10th Street is a Water Utility requirement not a fire protection requirement.
Commissioner St. John requested to see color samples. Mr. Kevin Wahlgren, Wahlgren-Schwenn, Inc. indicated the original building was constructed with split face masonry with several smooth green bands. The addition will look exactly like the original building with all colors being refreshed.
Commissioner Dickmann questioned the use of the other metal building on the site. Mr. Lussier stated it was used for cold storage.
Commissioner St. John questioned what types of materials and colors were on the cold storage building. Mr. Wahlgren stated it was a metal building of a light blue color. Commissioner St. John questioned if the cold storage building should be painted to match the main building.
Commissioner Grabowski questioned if the rooftop mechanicals would be screened from public view. Mr. Wahlgren explained because of the vision line from the street and the small size of the units you would not be able to see them and they were proposing to paint them a light grey to further minimize there appearance.
Commissioner Grabowski also questioned the fire protection system for the building and if it had been addressed. A.C. Krudop stated they have yet to speak with the applicant but the size of the building would require them to install sprinklers and fire hydrants be brought up to the requirements of the code as of today. Mr. Wahlgren was aware of the requirement.
Commissioner Siira questioned how the rooftop units were currently being screened on the existing building. Mr. Wahlgren the only rooftop unit was on the office and was not screened. They have proposed to paint it a gray color when they repaint the building. Commissioner Siira also questioned if there was parapet or a flat coping detail on the building. Mr. Wahlgren stated the majority of the roof had an eight inch parapet that was not intended to be a visual parapet it is just a roof detail. Commissioner Siira did not want to set a precedent in regards to screening for rooftop mechanicals.
Mr. Seymour questioned the height of the rooftop units. Mr. Wahlgren stated the actual unit height was forty-eight inches but they sat up off the roof for a total height of fifty-four inches.
Commissioner Sokol questioned the zoning on the property to the west. Mr. Fortin stated the property to the west was zoned Rs-3, single family residential. Commissioner Sokol questioned if the residential owner was notified of the meeting and there is a twenty foot buffer yard requirement from any existing residential property line. Mr. Wahlgren commented they took the residential property into consideration and that is why they were adding to the north and not the west side of the building.
Alderman Kopplin commented she spoke with Mrs. Zahn and she was content with the way things were.
Commissioner Siira motioned that the Plan Commission approve the site, building and landscaping plans for Columbia Grinding subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Plan Review – Electrotek Inc.
7745 S. 10th Street
Tax Key No.: 783-9042
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building and landscaping plans for an addition to their facility. The 13,190 square foot addition would be onto the western end of the building. The proposed addition which will for the most part not be visible from 10th Street is proposed to be finished with metal panels. This approval will need an approval by a ¾ majority of the Commissioners present.
Mr. Wahlgren commented they have come to the consensus that they will comply with the twenty foot setback. The long term plan would be for Electrotek to work with the neighbors to the rear to create an easement for the landscaping or an alternative that makes.
Commissioner Dickmann questioned if the ¾ vote was required to accept the metal building. Mr. Fortin stated that was the case it did not need to be added as a condition. The vote of ¾ would approve the plan as submitted.
Alderman Kopplin commented the reason they did not want the loading dock to the south was because they would have to rearrange the entire facility and would be unproductive.
Commissioner St. John requested to see pictures of existing buildings with proposed additions.
Commissioner Siira questioned how the open court yard area was used. Mr. Wahlgren stated it was not in use but there was electrical stuff back there and stormwater drainage facilities.
Commissioner Peterson motioned that the Plan Commission approve the site, building and landscaping plans for an addition to the property at 7745 S. 10th Street subject to the following conditions:
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Parkside Land Group, LLC
441 & 545 W. Ryan Road
Tax Key No.: 906-9025 & 905-9999-005
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map for the properties at 441 & 544 W. Ryan Road. The intent of this map is to redraw the property boundaries to match the conceptual development plan. The proposed certified survey map will not create any new parcels; only change the property line between the two parcels.
Mayor Bolender asked for further explanation for staff’s negative recommendation. Mr. Fortin expressed concern for what would be going on the site and the proposed layout made it seem that the CSM was being done to avoid having to put in the public street to connect to Eagle Summit Drive. If it was split the way proposed there would not be any public street connection available to the City.
Commissioner Grabowski questioned if there were any revisions submitted to the City since the last appearance before the Plan Commission. Mr. Fortin stated this was a revised CSM from the last submittal. Commissioner Grabowski asked for clarification on what the changes were. Mr. Mark Reinders stated it was a revision from the last Plan Commission meeting. He also fixed the problem with the nonconforming issue for the last proposal. The road from previous submittals was removed because he did not know that if a road was shown it would be expected to be built so he did not want it approved with the road until he was prepared to actually build the road. He needed the certified survey map approved because he was in the process of marketing the property. He cannot sell the parcels the way they are currently configured.
Mr. Seymour questioned the statement that he could not sell the parcels in the current configuration and what would make him think he would be more likely to sell the parcel with an odder shape. Mr. Reinders explained with the engineering he has done on the site the logical placement of the road and stormwater detention dictates this proposal would be the smartest way to market the site.
Mr. Seymour questioned how long ago the conditional use permit was issued for outdoor storage. Mr. Reinders stated that was off of the table but he did not remember the date. Mr. Seymour thought it was a couple of years ago and every time he comes before the Commission he led them to believe that development was imminent and in his professional opinion he would have to change and amend again later when he got someone in to develop the property.
Mayor Bolender stated he would like to know what would be going in on the site that was next to the City’s Police Station. He could not go along with the proposal blindly. Mr. Reinders commented he would share with the Commission what was going on at this time with the site. He was currently trying to market the property for sale. The potential users would like to be able to see what they are buying and how it will be configured with more certainty. The zoning was approved to match what the B-4 zoned area is and it doesn’t match the current CSM. He was trying to recreate a CSM to fix that issue and so that he could market the parcels.
A.C. Krudop commented when the first land division came through the City required a dedication for the road with the intent to have a loop road. If this was approved and an individual purchased one of the parcels he could develop the property and say he can’t loop it because the other individual did not want to loop it. The Fire Department feels very strongly this should be a loop road that comes into Eagle Summit Drive or show the development and the road so that it meets the intent of the design manual and the intent of the building code. It was his recommendation that this not be allow without seeing the loop road or the proposed development.
Mr. Seymour questioned if the business he was working with for the site was permitted under the B-4 zoning district. Mr. Reinders stated the one he was talking with would need a zoning change because the use was office. It was his belief that the City would be receptive to the office use for this piece. Mr. Seymour questioned how many acres they would be interested in purchasing. Mr. Reinders replied three acres. Mr. Seymour then questioned if another CSM would be needed. Mr. Reinders would not need an additional CSM because he would be doing a plat with roads and outlots and a couple of other divisions. Mr. Seymour felt this would be an unnecessary step in that procedure. Mr. Reinders felt it was necessary to him from a marketing standpoint to know this CSM configuration was in place so he could talk to single users for the whole 14 acre parcel and at this time he cannot commit to them because it was not currently there. The party looking at the whole 14 acres may also be splitting it later. Mr. Seymour questioned how he planned to split the parcel off further without a public road. Mr. Reinders stated he would be putting in a public road that he would show when he came back with the plat. Mr. Seymour questioned why he did not just come back to the Commission with a plat. Mr. Reinders would not be able to come back with a plat at this time because he can’t show the road placements that he is not prepared to build the roads until he has the users in place.
Commissioner St. John questioned how far parcel four was from Ryan Road. Mr. Fortin estimated it was well over 2,000 feet. A.C. Krudop stated that was his point. If this proposal was allowed then the long parcel would not be required to put the loop road in because they did not own the other parcel. Commissioner St. John stated it could end up a non-buildable lot.
Mr. Reinders comment a few years ago he received a B-4 zoning without regard to the loop road. Commissioner St. John stated Mr. Reinders wanted to take the part of the map he wanted and ignore the other parts. Mr. Reinders commented he was before the Commission at that time for a zoning approval only and it was zoned for B-4. Commission Foeckler questioned if the road was shown when it was approved. Mr. Reinders stated it was. Commissioner Foeckler stated the assumption for the approval was that the roads were configured correctly. Mr. Reinders questioned if the zoning would not have been approved without the road. Commissioner Foeckler could not be certain how the Commission would have voted if the roads were not configured correctly. Mr. Reinders stated the zoning was done and it was not contingent on the road going in. He received and easement from the County specifically for a user that might need a road.
Mayor Bolender commented if he had a user that wanted to put a church on the site the church could come forward and work with the Planning Department to get what was needed. There is too much confusion and not enough certainty at this time.
Commissioner Foeckler wanted Mr. Reinders to know that the road would be needed to develop the parcel.
Commissioner Grabowski suggested he work with his engineers and resubmit to the Commission with a road going through.
Mr. Mark VerHalen, 1200 E. Ryan Road, suggested a 500 foot road with a temporary cul-de-sac be put in and leave the rest of the parcel open. Future configurations of the road could be done when there were further plans for development. Commissioner St. John stated the problem was the manufacturing parcels would not have any street frontage.
Mr. Reinders questioned if the Commission recognized the fact that the area that was on the map as B-4 was actually zoned B-4. Mr. Fortin stated the legal description provided by Mr. Reinders did actually match what was on the map at this time. The intent was to do what was on the map but the legal description provided was not what was on the map. Mr. Reinders stated he submitted what was on the other conceptual drawing for approval. Mr. Seymour explained the legal description that was in the public hearing notice and in the ordinance did not match what was shown. Granted he did submit something to the Council showing two exhibits and only the first exhibit for the land to the east made it into the public hearing notice and the legal descriptions therefore that is the only thing that is zoned B-4 at this time. If it was something the Council wanted him to pursue at this time he would be glad to initiate a rezoning on the rest of that however it is not zoned B-4 today. Mr. Reinders commented that what he submitted for legal description which he believed was erroneous was how the CSM existed because that was the only legal description he had. If he was told that he needed a legal description for what was being shown he would have provided that but it was not requested of him.
Commissioner St. John commented the Plan Commission and Mr. Reinders both wanted that map with the road and if he wanted he felt the Plan Commission and the Common Council would approve it if that was what he wanted. Mr. Reinders was not ready to respond to that issue at this time but was just sighting what was previously submitted and approved as to zoning.
Commissioner Peterson motioned that the Plan Commission recommend to the Common Council that certified survey map for 441 & 545 W. Ryan Road not be approved as submitted.
Commission Correll seconds. Roll call, all voted aye. Motion carries.
27th Street – Review and make a recommendation to the Common Council regarding the 27th Street Urban Village Implementation Plan
Mayor Bolender suggest the item be held because some members of the Commission had concerns that they were not well versed enough to take a vote on this issue.
Mr. Seymour requested the opportunity to present the plan to the Plan Commission because it was sent out previously to the Commission for their review. Any concerns of the Commission could be brought out at this time and the attempt made to address the concerns of the Commission.
Commissioner Grabowski clarified that the presentation would be given to the Commission even though the Commission had some concerns.
Mr. Seymour presented the 27th Street Urban Village Implementation Plan to the Commission.
Commissioner Dickmann commented the plan is all supported by the Urban Village Impact Analysis and it is very impressive but the revenue streams do not apply if the City forms a TIF district to support the Urban Village. Should there be more data to help on the decision if this would be a good idea? Mr. Seymour would have to investigate that statement because it does not sound like something that would make sense at this point because the figures are essentially the reason the why the City may want to consider establishing a TIF district so they can capture some of the income.
Commissioner Foeckler questioned if that was meant that initially the revenues would not come into the City for instance because they would go to pay for the TIF. Mr. Seymour stated that was a good point. If the City chose not to establish a TIF district then the tax revenue would be split among the City, the School District, the County, the State and some others. Commissioner Dickmann stated they would still get the impact fees in a TIF district but not the property tax values that the City gets because it is used to pay off what was put into the project.
Commissioner Peterson questioned what would happen first, what was the project plan for this area. She would like to see something more concrete of how this was expected to happen. There would need to be a lot of effort in order to market this plan. Mr. Seymour explained in order to get to that point you would need to take a look at the steps in the plan and if you agree with them adopt the plan. That sets you on the path toward providing the detailed answers that would be needed if the Commission decided to proceed with that. Commissioner Peterson commented it would be a no brainier to start with the streetscape plan.
Commissioner Foeckler stated residential was naturally the first domino that would fall. Once the rooftops were there then the retail would start or simultaneously and we would have to be prepared when an office would locate there to get them into an area. Commissioner Peterson felt this was not just going to happen. The City would have to go out and look for business and residential developments to come to the City. Commissioner Foeckler commented that is exactly what the plan was about. It would put the pieces into place to attract and start the process. Commissioner Peterson understood that but she was looking for how it really was going to happen. Commissioner Foeckler explained from a marketing plan the City was not really in a position to do it because they did not own the land. They could be a partner and be at the table with a possible developer but as far as the actual marketing the City is in the unique position of wanting it to develop at a certain level and a certain time period and not actually owning the land. When the process was started the number one challenge was land assemblage. At this time land assembly has been taken off as a problem because Northwestern Mutual has purchased large chunks of land. Now there are different challenges with pushing the huge corporation to building what the City would like to see there. Commissioner Peterson did not disagree that it was not a great idea but there was a lot that would go into in from a business perspective to attract business and residential.
Commissioner St. John felt a discomfort because the Plan Commission has never been asked to make recommendations on performing tasks and spending City money. The Plan Commission reviews development and buildings with general guidance provided by the ordinances. I am informed but do not want to spend the time to become comfortable with this plan. Commissioner Peterson was saying she would like to see some substance behind the vision and she did not see that at this time.
Mayor Bolender commented that they needed to keep up the efforts to develop the 27th Street corridor and he sees something that is a good sign. Northwestern Mutual has a plan someplace and he sees something happening with them in the near future. He feels there will be four or five Northwestern Mutual buildings across the street.
Mr. Seymour commented it was not a question of if, it was a question of when and it would most likely be in the next few years.
Mayor Bolender suggested looking at things in a positive light but proceed with caution. Mr. Seymour felt it was important to note that the major landowners in the corridor, Northwestern Mutual, have publicly supported the plan.
Mayor Bolender suggested any further questions be forwarded to Doug and the Steering Committee.
Commissioner St. John questioned what level of detail the Commission would need to make a recommendation on the implementation plan that looked like something the Committee should not really have in front of it.
Commissioner Correll questioned what level of comfort should they have if they were not supposed to have the plan in front of them in the first place. Commission St. John felt they were informed and maybe that is far as they need to go at the Plan Commission level. Commissioner Correll felt he was informed enough to say he was informed and it was not this body’s yes or no so move it on.
Commissioner Foeckler stated the intent of presenting to the Plan Commission was two fold, one as a courtesy to keep everyone informed and two almost as a CYA because if you skip the Plan Commission and someone on the Council approves the plan and then someone on the Plan Commission questions why they were not asked to look at the plan then you would have egg on your face. If everyone feels comfortable taking it to Council without voting on it would not be an issue. Commissioner Correll stated it was nice to be informed.
Mayor Bolender stated it should just be taken to the CDA and the Council. They would not need to vote on this plan just move it on to Council.
Commissioner Correll motioned to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. The meeting adjourned at 9:33 p.m.