MINUTES OF THE
TUESDAY, MARCH 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 Jeff Fortin, Planner, A.C. George Krudop and Rebecca Lane, City Forester.
Commissioner Grabowski moved to approve the minutes of February 28, 2006 Plan Commission meeting. Commissioner Siira 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 March 7, 2005, Common Council meeting. There were no comments or concerns from the Commissioners.
Conditions and Restrictions – Puppy Playground LLC
8411 S. Liberty Lane
Tax Key No.: 828-0001
Mr. Fortin explained to the Commission that staff had prepared the conditions and restrictions for their review and after they recommended that the Common Council grant a conditional use permit to allow for an animal boarding kennel for the above mentioned property.
Commissioner Dickmann questioned what the number of dogs allowed was based on. Mr. Fortin explained it was based on the request of the applicant and the amount of kennel space available.
Commissioner Peterson moved the Plan Commission recommend to the Common Council that the conditions and restrictions are adopted as part of the conditional use permit for the animal boarding kennel located at 8411 S. Liberty Lane.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Site Plan Review – Woodman’s Food Market & Gas Station
7929 & part of 8201 S. Howell Avenue
Tax Key Nos.: 813-9011 & 813-9009-004
Mr. Fortin explained to the Commission the applicant was requesting approval of site building and landscaping plans for the Woodman’s Food Market and Gas Station. The building will be orientated towards W. Forest Hill Avenue. The building will be constructed of white and beige precast walls.
Commissioner St. John questioned if the green space percentage was figured with or without the two outlots. Mr. Fortin stated it was just the Woodman’s site and did not include the outlots.
Commissioner St. John questioned if the outlots were taken into account when stormwater plans were done. Mr. Gary Fox, Woodman’s, stated they were taken into account.
Commissioner Grabowski questioned if there were enough parking stalls for the site without the required parking spaces. Mr. Fortin explained the applicant has indicated they would not need the additional spaces but has provided a plan for the future if they should be necessary. Commissioner Grabowski questioned if additional parking was necessary would they be able to meet the green space requirements. Mr. Fortin explained the future parking was not included as part of the current green space percentage. Mr. Fox commented at the other twelve stores currently there is right around 700 parking spaces and that is adequate at this time.
Commissioner Siira questioned the reasoning behind not having a pitched roof on the car wash like the gas station. Mr. Fox explained it did not look right because of the size of the structure. Mr. Fox presented the Commission with a building materials board for their review.
Commissioner St. John questioned if the formula for parking was off when buildings get this big. Mr. Fortin commented in regards to grocery stores it has been to large and the ordinance may need to be looked at for future development.
Alderwoman Lampe questioned the southern most entrance/exit and if it was going to be a right in/out only. Mr. Fortin confirmed that was the case.
Commissioner St. John commented there was a late change received in the southern most entrance that would make the road go straight out and eliminate the out from the Taco Bell parking area. Mr. Backus stated the one thing that was not on the plan that should be indicated would be a median to prevent anybody that is coming southbound on Howell to do a quick in on an out only. Commissioner St. John stated he would like to see a seventh condition that should this become a safety problem that exit would be blocked off. Mr. Dan Siebel, WillowTree Development representative explained the reason for the exit related to the Taco Bell and their lease which was done prior to Woodman’s. ? it is a legal requirement of the contract that the exit be in place. At this time they have not received consent from Taco Bell to eliminate the exit.
Commissioner Peterson suggested they look into other options for the exit. Mr. Backus explained the Woodman’s site was configured to move the traffic further to the west and utilize one of the access points that they have that would funnel them down to Forest Hill. If they felt it would be an inconvenience or a safety problem they would have never agreed to.
Assistant Fire Chief George Krudop stated he would like the Fire Department to have final approval on what ever was decided to be done with the exit and the island.
Commissioner Dickmann questioned how the City Forester felt about the overall landscaping plan. Rebecca Lane, City Forester, felt the plan was a pretty great landscape and she was comfortable with the plan.
Mr. Thomas Hade, Gladon Company, questioned the stormwater management plan as it relates to his building. Mr. Fortin showed Mr. Hade where the ponds would be located and suggested he speak with representatives of Woodman’s as the stormwater plan was in the process of being designed. Mr. Michael Pascke, National Survey & Engineering explained they were not required to do any detention on the site but would voluntarily be doing detention to improve the drainage situation on the site. They were trying to move the water in the other direction and reduce the volume significantly from the water that currently runs off the site at this time.
Mr. Hade feels there was an easement that was overlooked with this site and would like it to be addressed. Mr. Backus explained they want to be a good neighbor and they have just recently been informed of the easement and they intend to meet with Mr. Hade and proposed doing a culvert and a roadway if it was necessary to maintain the access right to the north/south driveway and to maintain a right of access to Woodman’s internal drive for his trucks. Mr. Hade would be willing to work with Woodman’s to come up with a solution that would be mutually agreeable to both parties.
Commissioner Dickmann moved the Plan Commission approve site, building, and landscaping plans for the Woodman’s Food Market and Gas Station, subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Site Plan Review – Stramowski Heating Inc.
6508 S. Howell Avenue
Tax Key No.: 719-9985
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building, and landscaping plans for a 7,660 square foot building which would contain an office and warehouse area for Stramowski Heating and an additional 979 square feet of space for a small office tenant. The building would be constructed of split face block with smooth block accent bands. There will be aluminum awnings above the windows on the office portion of the building.
Commissioner St. John questioned if there would be rooftop mechanicals. Mr. Brian Stramowski stated there would not be any rooftop mechanicals.
Commissioner Grabowski commented this would be a nice addition to the area.
Alderman Kopplin stated this was not all B-4, Highway Business only a portion. Mr. Fortin explained the way the property was rezoned the back portion of the site was still zoned B-2.
Commissioner Sokol questioned if the question regarding the water draining on the site. Mr. Stramowski stated the City tested the water and it was fine. Mayor Bolender commented he referred one of the property owners to contact the DNR. Mr. Stramowski stated he received a letter from the City that stated the City had tested the water and there would be no need to have the DNR at the site. Commissioner St. John commented that was a misreading of the letter. The letter said based upon our elicit discharge program using field testing there was nothing there to refer to the DNR. That just means they are not over any thresholds that would compel the City to give to the DNR. It does not mean it is perfect.
Mr. Ken Haggerty – 300 E. Jewel Street, never called the DNR because he was still waiting for the Mayor to give him a contact person at the DNR. He is not in agreement with the findings of the Engineering Department. He also did not call the DNR because he would like to be a good neighbor to Stramowski. He did express concern for when they start digging on the site and would like to have the DNR monitor the site when the digging begins.
Commissioner Siira commented that he liked the look of the building.
Commissioner Sokol questioned what was planned for the back of the lot. Mr. Stramowski stated they had no plans at this point for the back of the lot.
Mayor Bolender suggested if Mr. Haggerty felt uneasy he should contact the DNR.
Mr. James Beyer- 320 E. Jewel Street, questioned what would be done with all the water on Jewel Street when the retention pond was built. Presently on Jewel Street they receive drainage from MATC along the ditch on the Jewel Street. There is also drainage from the Harvest Community Church that now comes to the north and there is water that sits in front of the houses. The cattails can’t be dug out and the water is affected by the cattails. Mayor Bolender indicated the detention pond would help the situation because the water would not be forced towards his property. Mr. Beyer explained the water at this time does not drain properly.
Commissioner St. John explained how the water would run and that it was currently draining there and once the detention basin goes in it will drain at a lesser rate which should relieve capacity.
Mr. Beyer continued to discuss the water coming from the Harvest Community Church and MATC. Mayor Bolender suggested the Street Department take a look at the area and see if they can’t clean it out to help with the flow of the water.
Commissioner Correll moved the Plan Commission approve site, building and landscaping plans for the property at 6508 S. Howell Avenue, subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Plan Review – Trattoria diCarlo Building Addition
8649 S. Howell Avenue
Tax Key No.: 828-9029
Mr. Fortin explained to the Commission the applicant is requesting approval of site, building and landscaping plans for an expansion of the restaurant as well as additional space for a tenant. The 6,400 square foot addition will be located south of the exiting building to expand the overall dining and bar area and add space for catering and carry outs. There will also be 2,600 square feet of tenant space which is anticipated to be used as an Optical Center. The applicant is proposing to use similar materials to those found on the existing building while adding architectural features to enhance the overall appearance of the building.
Mayor Bolender questioned where the tenant space would be located. Mr. Dino Rizzitano, Stelling & Associates Architects, it would be located in the southern portion of the addition and the kitchen will be maintained in the original part of the building. The existing facility will remain untouched. There will be additional seating and a bar area and a more efficient carry out area. Mayor Bolender felt it would be a mistake to add the optical tenant. He would like to see the entire building be part of DiCarlos’.
Commissioner Grabowski commented a bakery or something that would reflect off of diCarlo would be a better fit for a tenant. Mr. Rizzitano explained the Fait Family would be occupying the tenant space. If diCarlo’s restaurant continues to be a success the entire building could be taken over by the restaurant.
Commissioner St. John requested to see color pictures of the building or building plans. Mr. Rizzitano stated he had submitted a color photo of the original building and they would be using the same brick for the addition that was on the original addition to the building. Commissioner St. John felt the color sketch did not seem to match the elevation depicted. Mr. Rizzitano stated the canopies will match the existing canopy. Commissioner St. John questioned the type of material on the canopy. Mr. Fortin stated it would be the same fabric awning that was currently being used.
Commissioner St. John commented the neighbors would be putting in a scenic area and he had trouble with the vinyl garage being placed on this site. Mr. Rizzitano commented he was asked to bring the garage details before the Commission but did not want the garage to hold up the approvals of the addition. Commissioner St. John would like to see it match the building with the brick and red accents. Mr. Fortin suggested doing a combination of brick or stone on the lower level.
Commissioner Grabowski understood it that the existing materials would mirror the expansion and that it would be preferable to have the same materials on the garage.
Commissioner Siira questioned why there was an overhead door was on the west side. Mr. Rizzitano explained the door was existing and it would not be used they would be entering on the east side.
Mayor Bolender suggested eliminating the garage.
Commissioner Siira questioned if there was some depth on the roof structure, spring lined roof element, and if so what type of roofing material would that have. Mr. Rizzitano explained the arch was just a parapet.
Assistant Fire Chief George Krudop questioned the architecture style around the proposed cooler or if it was just a metal cooler. Mr. Rizzitano stated it was a metal cooler. Mayor Bolender suggested a wood fence to hide the cooler.
Commissioner Correll commented that most municipalities are requiring a matching paint effect to get rid of the silver color to blend it into the building. Mayor Bolender suggested a fence would be a better idea. Commissioner Siira stated it would be the same as rooftop mechanicals and should be screened.
Alderwoman Lampe commented she had problems with the garage also. She also questioned why the artist rendering was of the back of the building rather than the front of the building. Mr. Rizzitano explained that it would be the front door of the building. Alderwoman Lampe commented it was not the front door to the City but that the flat side was the front door to the City. Alderwoman Lampe questioned if the Plan Commission was comfortable not knowing what the building was going to look like. She would want to see an artistic rendering of the front elevation before the Plan Commission made any decisions.
Mayor Bolender requested an artist rendition of the front of the building. Mr. Rizzitano questioned if the rendering would hold up the approval.
Mr. Rizzitano explained to the Commission the transition between the old and new buildings and the types of materials that would be used on the addition. They would be happy to submit a rendering of the building.
Alderwoman Lampe questioned if Ms. Lane, City Forester was happy with the landscaping plan.
Commissioner St. John questioned if there was going to be an air lock door on the take out door. Mr. Rizzitano explained that was taken into consideration and could be added if needed and the door was moved a little further away to accommodate any problems that might arise.
Commissioner Grabowski questioned which elevation would be facing Howell Avenue. Mr. Fortin explained to Commissioner Grabowski which elevation would be visible from Howell Avenue. The straight length of building would be visible from Howell Avenue and the angled view was the rear of the building.
Commissioner St. John questioned if any sign changes were being proposed. Mr. Rizzitano stated signs would be submitted in a separate proposal but the site plan showed an additional monument sign. Mr. Fortin explained to Mr. Rizzitano that way the sign code reads they would only be allowed one monument sign. One option for them may be to get rid of the existing sign and replace it with a two panel sign with a brick base. They may want to add an entrance sign on the back of the building to direct people to the optical center.
Commissioner Siira commented there was a large expanse on the building with only one small window and expressed concern for how that may look with only the one window in the middle.
Commissioner Sokol questioned if under the sign ordinance each tenant would be allowed an individual sign. Mr. Fortin explained the sign ordinance allowed for one monument sign and an individual sign for each tenant. Commissioner Sokol questioned if the large blank areas on the front elevation were intended for signs. Mr. Rizzitano stated that was not the intent but that signage has not yet been addressed. Commissioner Sokol requested to see some type of conceptual sign plan with the color rendering.
Commissioner St. John stated before the Commission would see two billboard type signs on the building they would prefer to see two monument signs.
Commissioner St. John felt they could not go forward without seeing the color rendering of the building. Mr. Fortin suggested approving the site plan but not the building plan. Perhaps add a condition that they return to the Commission with building plans.
Commissioner St. John cautioned moving to quickly. Commissioner Grabowski felt Mr. Fortin’s suggestion was realistic. Commissioner St. John commented the applicant could not go to construction with the site plan. Mr. Rizzitano stated it would be fine to wait two weeks because they were looking for a spring construction.
Mr. Tom Stelling, Stelling and Associates, the owner would not have a problem waiting two weeks for the building approval. The front face of the building runs right along Howell with a flat face. They will present the Commission with a perspective of that in two weeks. If there was something else in the proposal that would hold up the approvals they would like to know that at this time. The garage could be brought back as a separate entity.
Alderwoman Lampe questioned if the issue with the windows was something they should change before the item was brought back before the Commission. Commissioner Grabowski felt they should see the color rendering before making that determination. Commissioner Siira suggested Stelling and Associates take a look at the center of the front elevation and see if more windows could be added. Mr. Stelling referred back to the quaintness of the original building and the smallness of the building and they are trying to recreate that in the addition. If the front façade was broken up to add windows it would change the whole façade. There was nothing on Howell Avenue to see so they were trying to draw the customer back into the building. They would go back to the owner and see if he was open to more windows.
Mayor Bolender directed the item held until color renderings could be shown to the Commission.
Preliminary Plat – Gray Oaks
8851, 8931, and 8947 S. 15th Avenue
Tax Key No.: 863-9975, 863-9970, and 863-9971
This item was withdrawn by staff prior to the meeting.
Certified Survey Map – Virginia Place Condominiums (Weber Homes)
9102 S. 20th Street
Tax Key No.: 877-9998-001
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would create four lots in the Rd-1 (PUD) zoning district. The CSM is being done to divide the duplex lots (1 and 4) from the lots that are proposed to be used for single family residences (2 and 3). The road has been installed the CSM is required to dedicate this street to the City of Oak Creek.
Commissioner St. John questioned if the lots meet what was on the general development plan. Mr. Fortin stated they do meet the general development plan. Commissioner St. John commented the lot line issue was irrelevant. Mr. Fortin explained staff felt the Common Council would have to grant the variation.
Commissioner Grabowski questioned if delineation of the wetlands had been done and if the neighbors were notified.
Assistant Fire Chief George Krudop questioned if there was a green area in the middle of the cul-de-sac. Mr. Chris Roads stated there was a green area. AC Krudop questioned if that was an outlot or if it would become part of the City property. Mr. Roads explained the storm drain was within the circle and there would be landscaping. Mr. Fortin suggested revising the CSM to show it as an outlot with maintenance deferred to the homeowners association.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the certified survey map for the property at 9102 S. 20th Street be approved, subject to the following conditions:
Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Site Plan Review – Colonial Woods
8100, 8240, 8268, and 8300 S. 27th Street
Tax Key No.: 810-9977-001, 810-9976, & 810-9975-001, and 831-9011
Mr. Fortin explained to the Commission the Heartland Development was requesting approval of their site, building and landscaping plans for the Colonial Woods Condominiums. The subject properties were rezoned to Rm-1 on February 7, 2006, the plans conform to the approved PUD ordinance.
Mayor Bolender directed Ms. Lane to make the woods a priority and keep an eye on the woods during construction. He also would like for the City to have ownership of the woods. Mr. Fortin explained to the Mayor Bolender that the dedication does give ownership of the woods to the City.
Commissioner Foeckler questioned if there would be restrictions on the dedication and future use of the land. Mr. Patch explained it would be deeded to the City at the time of the signing of the development agreement and the City could do what they want with it as part of the CSM.
Commissioner Grabowski asked for elaboration on the grading that would be done near the buffer area. Mr. Patch explained they have been working with Ms. Lane and Mr. Knowles and they have been able to maintain the 50 foot area and they would need about 15 or 16 feet to get the proper grading behind the buildings. They would not be excavating in the area and they would not be disturbing any trees in that area. There is somewhat of a path going through the woods and they thought they could get through the area and install a manhole in the middle. What is going to happen would be to bore the entire length from 20th right out of the woods. Everything would be done underneath the woods and there would not be a manhole in the woods at all. There will be orange fencing that would be going up to keep everybody out of the woods. Mr. Patch addressed some of the other previous concerns expressed by staff and the Commission.
Commissioner Foeckler questioned if the boring underneath the woods would work and what affect that would have on 20th Street. Mr. Keith Kendor stated the existing sewer would be extended down the side of the road and then directionally bore back over to the detention basin. The grade is greater than 1% which should not be a problem.
Mayor Bolender questioned if the boring would have an affect on the rooting system of the trees. Ms. Lane stated it should not because the roots do not go that far down.
Commissioner Foeckler felt it was an inventive idea and he did not have a problem with the boring. Mr. Patch explained the boring process has gotten a lot less disturbing over the years and it should work well.
Commissioner St. John suggested approving the site plan and then moving onto the buildings.
Commissioner Peterson questioned if the issues with the cul-de-sac lining up with Forest Hill were resolved. Mr. Patch stated they have cleared up any issues and have moved the cul-de-sac to the north. Commissioner St. John explained the DOT would have to approve the plans and there is not a definitive answer at this point. Mr. Patch explained they do have the room if necessary to move the cul-de-sac. Commissioner Peterson questioned whether or not the City should buy the lot as opposed to getting it free. Mr. Patch was not concerned with how the land changed hands, whatever would work better for the City. Commissioner Peterson suggested they get a legal opinion from Attorney Larry Haskin. Mayor Bolender felt that was a good idea. Commissioner Foeckler felt the goal was to not preempt County ownership down the line. The dedication would need to be worded correctly.
Commissioner Foeckler questioned whether or not the ponds would be aerated. Mr. Patch stated they would be aerated.
Alderman Kopplin questioned if they would have problems with clean outs without having a manhole in the woods. She also questioned if the path in the woods was wide enough for servicing. Commissioner St. John commented that before the concept of boring could move forward the Utility would have to be able to clean the length and they are willing to do that. There is going to be no access through the woods for maintenance because there would not be any manholes in the woods.
Mr. Patch stated he could go through the landscaping plan if they would like but because of the size of the landscaping plan they could not get the detail that they may wish to see on a board. Mayor Bolender questioned Ms. Lane if there were any problems with the landscaping. Ms. Lane stated they have made the changes she requested and she is comfortable with the landscaping plan.
Commissioner Foeckler questioned if Ms. Lane had any concerns with other things in the landscaping or site plan. Ms. Lane does not have a problem but she will be working with them on the landscaping and the buffer as things move along and she would hope that they have an alternate plan if the boring does indicate a manhole in the woods. Mr. Patch does not feel an alternate plan is going to be necessary.
Commissioner Sokol questioned if they would still be going with trees along the roadway. Mr. Patch stated there would be trees along the roadway and it would be landscaped. Mr. Patch explained the common area landscaping.
Commissioner Foeckler felt comfortable with Ms. Lane keeping an eye on the landscaping throughout the project.
Mr. Patch presented the building plans to the Commission and explained and presented the materials and colors.
Commissioner St. John questioned why they dropped down to a brick belt line on the middle two garage doors. Mr. Patch explained that it had something to do with the headers and it was hard to put brick over the doors. They would pull the brick up if the Commission wanted to see that.
Commissioner St. John questioned if the retaining walls would have matching red brick. Mr. Patch stated they would not it would most likely be a cobblestone or a decorative block wall. The red brick is a design error. Commissioner St. John requested a definitive statement on what type of material would be used on the retaining walls. Mr. Patch stated he would go with the cobblestone.
Commissioner St. John commented the clubhouse did not have enough brick. Mr. Patch stated it was not 65% brick. Commissioner St. John requested they go to brick on the two exterior components including the sides and go with the siding on the center. Mr. Patch commented you want bricks to die into a corner.
Commissioner St. John requested that more brick be added to the clubhouse. Mr. Patch agreed to add brick to the clubhouse in the form of a belt line below the windows.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, questioned if the windows were fake or if it was a two story building. Mr. Patch stated the windows were real but were for aesthetics only.
Commissioner Peterson commented staff had suggested the sidewalks continue to 27th Street. Mr. Fortin explained the sidewalks that staff was requesting and Mr. Patch agreed to put the sidewalks in that staff was requesting.
Commissioner St. John questioned if the same shingles would be used throughout the buildings. Mr. Patch confirmed that was the case.
Assistant Fire Chief George Krudop commented there was a statement that they would like to provide a temporary fire access road instead of completing the whole project and would like them to understand that this was not necessarily an approval of that concept. Commissioner St. John commented the phasing was not part of this approval.
Commissioner Dickmann moved that the Plan Commission approve the site, building and landscaping plans subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Colonial Woods
8100, 8240, 8268, and 8300 S. 27th Street
Tax Key Nos.: 810-9977-001, 810-9976, & 810-9975-001, and 831-9011
Mr. Fortin explained to the Commission the applicant was proposing a certified survey map that would consolidate parcels for the development of the Colonial Woods condominium project as required under the terms of their Planned Unit Development. The CSM would create four parcels in the Rm-1 (PUD) district. The certified survey map will create lot 4 which contains 20 acres of woodlands that will be dedicated to the City of Oak Creek.
Commissioner Peterson suggested adding a condition requiring a legal opinion regarding the dedication.
Alderman Kopplin questioned if Orchard Way was an approved road on the map all the way to Drexel. Mr. Fortin stated it was not. Alderman Kopplin questioned if was supposed to be in the future. Mr. Fortin explained that eventually it would go out to Drexel but the official map ends at the north end of Mr. Thein’s property. Alderman Kopplin explained the reason for her question was to find if it was to go all the way out to Drexel if they were looking to not have access to 27th Street and wanted to know if the people who lived further north if they were ever notified because it would go on the map.
Commissioner Siira moved that the Plan Commission recommend to the Common Council that they approve the certified survey map subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Commissioner Peterson moved to adjourn. Commissioner Dickmann seconds. Roll call, all voted aye. Meeting adjourned at 10:00 p.m.