MINUTES OF THE
TUESDAY, MARCH 28, 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, and A.C. George Krudop.
Commissioner Dickmann requested changes to the roll call of the minutes of March 14, 2006. Commissioner Grabowski moved to approve the minutes of March 14, 2006 Plan Commission meeting. Commissioner Dickmann seconds. Roll call, all voted aye. Minutes were approved with changes.
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 21, 2006, Common Council meeting. There were no comments or concerns from the Commissioners.
Sign Appeal – Cingular Wireless
6508 S. 27th Street
Tax Key No.: 715-9985-001
Mr. Fortin explained to the Commission the applicant was requesting a variance from the City of Oak Creek Municipal Code Section 17.0701(i), which states that shopping centers and multi-tenant buildings may provide one wall sign or canopy sign for each business in the building. If granted, the variance would allow Cingular Wireless to have two (2) wall signs, one on the west elevation and one on the north elevation.
Mr. Robert Brzycki, Account Executive Cingular Wireless, was sworn in and spoke in favor for the variance. He explained the need for the additional signage and showed the Commission where he would like to place the additional sign for visibility and uniformity of the building.
Commissioner Dickmann motioned to close the public hearing. Commissioner Peterson seconds. Roll call, all voted aye. Motion carries, the hearing was closed.
Commissioner Foeckler moved that the Plan Commission approve the request for a variance from the city of Oak Creek Municipal Code Section 17.0706(i), and allow one additional sign for Cingular Wireless on the north side of the building.
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 was 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 existing building. In addition the accessory structure will not be part of this approval.
Commissioner Dickmann questioned the type of material being used on the front façade of the building. Mr. Tom Stone explained the panels on the front of the building would be a cut stone.
Commissioner Foeckler commented the restaurant has become a vital part of Oak Creek and he was proud to have them in Oak Creek and welcomed the expansion.
Commissioner Peterson moved that the Plan Commission approve the site building and landscaping plans for the property at 8649 S. Howell Avenue, subject to the following conditions:
First and second concur. Roll call, all voted aye. Motion carries.
Rezoning and PUD Amendment – William Knapp/First Industrial Oak Creek
7466 S. Howell Avenue
Tax Key No.: 766-9990
Mr. Fortin explained to the Commission the applicant was requesting that the property at 7466 S. Howell Avenue be rezoned from Rs-3, Single Family Residential to B-4/M-1 (PUD) Highway Business/Manufacturing. The rezoning is being requested to allow this property to become part of the Oak Creek Commerce Center Planned Unit Development (PUD).
Commissioner Sokol questioned the location of the Sikh Temple in relation to this rezone and if there would be access issue. Mr. Fortin explained the Sikh Temple would be behind the property and would have access.
Commissioner Grabowski questioned if it was customary to combine the B-4/M-1. Mr. Fortin explained it was part of a PUD and the rezoning would expand the PUD for the Oak Creek Commerce Center and the building was being done as a spec building. Mr. Mike Powers, First Industrial, explained they planned to do a mulit-tenant industrial property. There are not any tenants at this time but they anticipated office and warehouse types of businesses.
Alderman Lampe questioned if this parcel would be added to the TIF. Mr. Fortin stated it would not be added to the TIF it would just be added to the planned unit development.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the property at 7466 S. Howell Avenue be rezoned from Rs-3, Single Family Residential to B-4/M-1 (PUD) Highway Business Manufacturing after a public hearing.
Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Conditional Use –McDonald’s Restaurant
9471 S. 13th Street
Tax Key No.: 877-9002
Mr. Fortin explained to the Commission McDonald’s Corporation was planning on razing the existing building and constructing a new McDonald’s in its place. Last year the City changed the Zoning ordinance making all restaurants with drive-through facilities a conditional use in all business zoning districts. Since they are constructing an entirely new restaurant they need to comply with the current zoning ordinance. The new McDonald’s will be constructed in the same spot as the existing but will feature updated architecture and a more attractive appearance as well as a new dumpster enclosure. The new drive-through will have two ordering stations with cars then merging into one lane for payment and pickup.
Commissioner St. John questioned the address the building would be on. Mr. Fortin explained the building would be on 9471 and the northern parcel was 9441 with the conditional use application encompassing the southern property.
Commissioner Siira questioned the split drive through concept. Ms. Terry Hotchsteader explained the concept and also explained it would help to control the traffic.
Commissioner Peterson questioned when construction would start if approval was granted. Ms. Hotchsteader planned on September of this year with a completion date of January 2007. It would not include a play area.
Commissioner St. John expressed concern for the DOT and the placement of additional right lanes on Ryan Road. He suggested moving the building over on the lot to avoid any future problems with the DOT. Mr. Fortin explained it was discussed with staff and because this was the conditional use approval they did not want to hold up the process at this time waiting on the DOT. Mr. Fortin suggested McDonalds Corporation get in contact with the DOT before site plan application.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the properties at 9471 S. 13th Street and 9441 S. 13th Street be issued a conditional use for a restaurant with one drive-through facility after a public hearing and subject to conditions and restrictions that will be prepared for the Commission at the next meeting.
Commissioner Peterson seconds.
Alderman Lampe questioned the language on the recommendation.
Commissioner Dickmann amended the recommendation to allow one restaurant with a drive-through facility.
Second concurs. Roll call, all voted aye. Motion carries.
Planned Unit Development – The Gathering of Oak Creek
8825 S. Howell Avenue and 155 W. Sunnyview Drive
Tax Key Nos.: 859-9992-001 and 859-9007
Mr. Fortin explained to the Commission the applicant was requesting that the City approve a Planned Unit Development (PUD) overlay for the properties at 8825 S. Howell Avenue and 155 W. Sunnyview Drive for the development of a 72 unit senior condominium development.
Commissioner St. John expressed concern for the wording of senior in the request. There is no way they can support senior condominiums, and questioned if it could legally be done. He also expressed concern for this being a land locked parcel.
Commissioner Grabowski felt that it was appropriate having the 72 unit senior condominiums versus the apartments and felt it fit in nicely in the community layout. Commissioner St. John disagreed, if the Commission was voting in favor because they thought it was senior they should know the answer to the senior issue. If whether it was senior or not does not make a difference then there is no reason for the discussion.
Ms. Kathy Howlett-Despot explained the reasoning behind the senior condominiums and felt it was attractive to the senior market. It is more complicated then regular condos but this is very innovative and invites new types of opportunities for health and wellness for the community.
Mr. Fortin questioned if the access issue could be addressed and possibly redraw the property lines to allow for a connection to Sunnyview that did not rely on easements. Mr. Tim Seidel, Architect would take a look and see what he could do but it would have an impact on the existing facility.
Commissioner Sokol questioned the size of the units. Ms. Howlett-Despot explained the smallest unit had 644 square feet and the largest had 1064 square feet with an average of 950 square feet. Commissioner Sokol questioned what assurance there was this would be senior housing. Ms. Howlett-Despot stated this was the whole concept of the project. That is the market they have studied and cater to. They could stay with the rental property if that was what the Commission wanted but they were trying to provide and invest which is what the market is looking for. Commissioner Sokol commented the Colonial Woods project would be selling in the $250,000 range and he expressed concern for low grade condos. Ms. Howlett-Despot explained these were hardly low grade. Commissioner Sokol felt that anybody that could put up $129,000 would be buying those units and there would be no way to limit them to seniors. Ms. Howlett-Despot explained the difference between her development and others was that she would be catering to the seniors with other sensitivities and conveniences. It is the services that draw seniors to the condos and the assisted living.
Commissioner St. John questioned if she had the legal right to turn away a twenty-five year old if he had the money to purchase a unit. Ms. Howlett-Despot stated they could because they were developing as senior housing.
Mayor Bolender commented the purchasing of the units was the problem and the Commission needed to know that this would be a 55 plus only type of development. Ms. Howlett-Despot would try to verify the concerns of the Commission but people who are younger do not generally purchase a unit in a senior development.
Commissioner Grabowski commented originally this was to be apartments and not condominiums and the Commission needed to decide whether they would like to go with the old plan versus the condominium units.
Assistant Fire Chief George Krudop explained nation wide there are housing developments that do not allow for anyone under 50 or 55 to move into them. She may have legal stance to require an age limit.
Mr. Fortin commented that the City could not put the age requirements on the property but the owner could put them within the deed restrictions. The Commission needs to decide because she has approval for apartments or would they like to see something with more of an ownership situation.
Commissioner Peterson questioned if there was a relationship from the condominiums with the assisted living. Ms. Howlett-Despot stated there was a priority status but was most attractive was if 55 plus wanted to be close to their parents that were in need of assisted living they could be close to them.
Alderwoman Lampe commented they should not rely on what was allowed in Florida but should find out what was allowed in Wisconsin. Mr. Fortin explained that there are senior developments throughout Wisconsin he was just using Florida as an example.
Commissioner Dickmann questioned if The Gathering could legally make it available to only seniors and also commented he would rather see the condominiums. Ms. Howlett-Despot explained they are developing within Wisconsin and she would look into it further and check with her attorney.
Mayor Bolender expressed concern for the senior only and would like the issue resolved. Ms. Howlett-Despot also clarified this was not low income housing. It would be higher than what was typical in the market. It is more affordable than the high end rentals.
Commissioner Grabowski directed Ms. Howlett-Despot to have discussions with Meadowmere. It should be along the same guidelines that she was looking for.
Commissioner St. John questioned how this could be Rm-1 zoning when there was a commercial building with no residential on an individual lot. Mr. Fortin explained the Rm-1 was done as a PUD with the commercial as an accessory. The idea was this was a mixed use area and the best way to do the mixed use was with an Rm-1 because it limited what could be done residentially. Commissioner St. John commented now they have a lot with a commercial building, a lot with condominiums and a lot with assisted living. Mr. Fortin explained in the commercial building there were gathering places and things that would serve the entire complex. Ms. Howlett-Despot explained there was a central area in the building that was common area to be used as well as the outside for people to interact.
Commissioner St. John questioned if all of the buildings other than the condominiums would meet the setbacks if the lot lines were put on. Mr. Fortin explained the reason for the PUD was for flexibility in the setbacks. Commissioner St. John questioned if when the PUD was passed if the 30% green space was a rule. Mr. Fortin stated that it was in effect and at this point they have 38.1%. Commissioner St. John questioned what would happen if it was divided into three lots with three buildings. Mr. Fortin stated they would have to do the calculations for green space if that was to be done. Mr. Seidel stated the commercial building has 36% and the condo lot would have 36.1%. Mr. Fortin pointed out the property to the north was already a separate parcel.
Commissioner St. John summarized that he was not opposed to this development but that was a PUD on the bizarrest lot in the City and the change in concept would make this problematic in the future. If there was more street frontage he would be all for this project but had concerns for a landlocked parcel with 72 units. He also stated they could not go through the front lot with sewer and water unless they put in a public sewer and watermain in an easement through the front lot.
Alderman Lampe referred to the Ashbury Woods site and it this may also become a problem going into the future.
Commissioner Grabowski suggested holding the item until further information could be obtained regarding the Commission’s concerns. Ms. Howlett-Despot would be willing to clarify the legal issues but time was of the essence with the project. If it became a matter of the site, she would have to go back to the other proposal.
Mayor Bolender directed the item held until the issue of “seniors only” could be cleared up and also the issues with sewer and water.
Commissioner Peterson moved to adjourn. Commissioner Dickmann seconds. Roll call, all voted aye. The meeting adjourned at 8:23 p.m.