MINUTES OF THE
TUESDAY, APRIL 11, 2006
Mayor Bolender called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner St. John, Commissioner Sokol, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Correll, and Commissioner Peterson. Commissioners Dickmann and Grabowski were excused. Also present were Jeff Fortin, Planner and A.C. George Krudop.
Commissioner Siira moved to approve the minutes of March 28, 2006 Plan Commission meeting. Commissioner Peterson seconds. Roll call, all voted aye. Minutes were approved as submitted.
Report on Significant Common Council & Zoning Board of Appeal Actions
Mr. Fortin updated the Commission on the actions that were taken at the April 7, 2006 Common Council meeting. There were no comments or concerns from the Commission.
Conditional Use Amendment – Hanna Trailer Sales Area
7575 S. Howell Avenue
Tax Key No.: 782-9034
Mr. Fortin explained to the Commission they held this item at the December 13, 2005 meeting and directed the applicant to work with staff on fire protection and sidewalk installation issues. The applicant has now installed the hydrant and has agreed to install the sidewalk by October 1, 2006. Staff is now comfortable recommending approval of the conditional use permit amendment which would allow the applicants to display recreational vehicles and trailers for sale in the parking area at the western portion of the property. In addition to allowing the display of recreational vehicles and trailers for sale and rent and further requesting to be allowed for the operation of a moving truck rental facility. Since the use of this portion of the property is changing from long term storage to vehicle sales and truck rental, it would be appropriate for the Commission to reconsider the variation that was originally granted for the asphalt.
Commissioner St. John questioned if this item should be held until the hydrants and the sidewalks were in. He would like a guarantee placed with the City to make sure we have the money for the sidewalks.
Mr. Mark Green, Hanna Trailer, stated the hydrants were in at this time and the sidewalks did still need to be installed. They would have the sidewalks put in by October 1, 2006. Commissioner St. John would like some security to have the sidewalks put in by a letter of credit or bond for the sidewalks. Mr. Green agreed to give the City a letter of credit for the sidewalks.
Mr. Fortin suggested adding the letter of credit as a condition in the conditional use amendment. Then the City of would have something in the conditions and restrictions that the sales could not begin until the sidewalk was in place.
Commissioner Siira questioned if the vehicle sales area was planned on being paved. Mr. Green commented they did not plan on paving the area because the units stored on the asphalt would destroy the surface. Mr. Fortin explained if the Council approved the conditional use amendment the applicant would have to come back before the Plan Commission to request a waiver or approval of a paved area as a different agenda item.
Alderman Kopplin, 6931 S. Howell Avenue commented she did not have a problem with the sidewalk and gave the Commission some history on the parcel and the sidewalk issue.
Commissioner St. John asked for clarification on the area to be paved. Mr. Fortin explained the conditional use as originally passed granted a waiver for the back area. If the use changes as this amendment would do they would need to request another waiver or bring the property into compliance with the ordinance which requires the area to be paved. Mr. Green questioned if it would not be classified as storage area and did not change the use.
Alderman Lampe questioned if they could guarantee that they would not have people going to the storage area to look at units like a car lot. Mr. Fortin stated the intent was to have people going to the back to look at the units. Alderman Lampe stated she did not feel that gravel would accommodate the use and also felt the description of recreational vehicles was not limiting enough and suggested a change in the language. Mr. Fortin suggested changing recreational vehicles to towable camper trailers. Mr. Green stated that would be acceptable.
Commissioner Siira questioned if the rental aspect of the business would have the same hours of operation. Mr. Green stated it would be the same hours of operation which included Saturdays from 8 am to 1 pm.
Commissioner Correll questioned if customers would be walking to the back storage area to look at units or if there would be a showroom. Mr. Green informed the Commission there would not be a showroom but the customers would be taken to the back storage area. The storage area is not normally paved because of the weight of the units and the fact that they sit in one spot for long periods of time.
Commissioner Peterson questioned if the Americans with Disabilities Act would require the area to be paved if customers are going to be using the area. Mr. Green stated they would have to research that issue. Mr. Fortin stated staff could do research on the issue if they came back before the Commission with the request for a waiver on the pavement.
Commissioner St. John expressed confusion on what was actually being approved. Mr. Fortin explained the Commission would be recommending approval of the conditional use amendment. If the back storage area was to be left unpaved the applicant would need to return to the Commission with a request for a waiver.
Alderman Lampe questioned how they could allow the conditional use if they were unsure as to what the paving situation would be and also felt the requirements for a new applicant would require them to pave.
Mr. Fortin explained the conditions of the approval require them to have a paved surface or return to the Plan Commission.
Commissioner Siira questioned if there should be a quantity limit on the number for trucks allowed. Mr. Fortin explained if the Plan Commission felt it should be limited they should put a cap on the number of vehicles allowed and suggested a cap of five. Mr. Green was comfortable with that number.
Commissioner St. John requested a diagram of the area to be paved that would be used for the display of the camping units.
Commissioner Sokol stated that State and Federal parks do not have paved areas to park these types of units and the audience that they would be dealing with would most likely not be needing pavement or they would not be getting a trailer camper.
Alderman Kopplin suggested the Commission hold the item over for two weeks when the applicant could return with the plan showing exactly what area would be paved.
Mayor Bolender directed the item held for two weeks and also directed the sidewalks be installed by June 1, 2006.
Plan Review – Milwaukee Area Technical College (MATC) Building Addition
6665 S. Howell Avenue
Tax Key No.: 718-9961-002
Mr. Fortin explained to the Commission the applicant was requesting site, building and landscaping plan approval for an addition of the Energy Conservation and Advanced Manufacturing building addition located at 6665 S. Howell Avenue. The 39,300 addition will be onto the southwestern end of the existing building.
Commissioner St. John questioned if the rooftop mechanicals would be visible from Howell Avenue. Mr. Matthew Wolfert, Bray Architects, stated they would not be visible from Howell Avenue and they have been placed in such a location that they would not be visible from casual view.
Mayor Bolender questioned if any neighbors had any concerns. There were no concerns expressed. Mayor Bolender questioned if there were any additional traffic patterns generated by this building. Mr. Wolfert explained the traffic patterns would remain the same. Assistant Fire Chief George Krudop commented they would be providing a fire access loop along the south and west side of the addition.
Mr. John Kavalis (?), 2130 E. Birch Drive, questioned whether the proposed east/west runway by the airport would affect any of the property. Mr. Al Evinrude, Director of Construction Service, explained the plans for airport expansion would not affect any of the immediate area where the buildings are located at this time. They will not be able to erect a wind turbine.
Commissioner Siira questioned the use of the metal wall panel rather than matching the full height brick. Mr. Wolfert explained they were trying to set this program apart from the rest of the building and give the campus a different flair while being complementary to the existing building as well. Commissioner Siira questioned the elevations and the base bid. Mr. Wolfert explained they were requesting approval of the base bid elevations and requested that the Planning Department have the ability to approve the alternate elevations. Based on funding mechanisms that is the reason the alternate elevations are in play. The construction bids will be received with alternates but they would like approval on the base bid with direction if possible that Planning could approve the alternate elevations.
Commissioner Sokol questioned what the Advanced Manufacturing would be structured for. Ms. Vicki Martin, MATC Oak Creek Campus, explained the vendors were designing new equipment for tool and die and machine tool, CNC programming at a much higher level and they need a higher level of employee. There would be robotics, heavy plate welding and digital controls lab, etc.
Commissioner St. John expressed concern for the metal panels and what they were trying to do throughout the City. Mr. Wolfert explained the program was targeted at the advanced side of the manufacturing function and the panels themselves were not a metal building panel.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, expressed concern for the yellow metal panels and the approval of this type of material on other buildings within the City. Commissioner Foeckler questioned if as a taxpayer Mr. Degner would prefer to have them spend more money on the building. Mr. Degner stated they would like to see something that would withstand abuse. Commissioner Siira commented the metal panel does not touch the ground. Mr. Wolfert commented it was not a low end product and was used on high end hospital projects throughout the country.
Commissioner Sokol questioned the additional number of students that would be in the building and how it might affect the traffic patterns. Ms. Martin explained that as part of the State process they were required to project the numbers that would come in and they have projected about 2,000 students that would already be on campus that would just be moving into the new portion of the building.
Commissioner Peterson moved that the Commission approve the site, building and landscaping plans for the property at 6665 S. Howell Avenue, subject to the following conditions:
Commissioner Sokol seconds.
Commissioner St. John questioned the need for the fifth condition. Commissioner Peterson amended the motion to withdraw the fifth condition. Second concurs.
Roll call, all voted aye. Motion carries.
Final plan – Pioneer Estates Addition #4
601, 620 and 63 E. Lakeview Drive
Tax Key No.: 814-9998-002, 814-9022 and 814-9023
Mr. Fortin explained to the Commission the final plat would create 10 lots in the Rs-3, Single-Family Residential zoning district. The preliminary plat was approved on May 25, 2004 and the final plat substantially conforms to the preliminary plat and public improvements have been certified as complete.
Alderman Lampe commended the developer on the work done on the sidewalks and lighting in the development.
Commissioner Correll moved that the Plan Commission recommend to the Common Council that the Final Plan for Pioneer Estates Addition #4 be approved subject to any technical corrections being made prior to recording.
Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Conditions and Restrictions – McDonald’s Restaurant
9441 & 9471 S. 13th Street
Tax Key No.: 877-9002 & 877-9003
Mr. Fortin explained to the Commission the Common Council granted a conditional use to allow McDonald’s to have a drive through facility at their proposed new restaurant at 9441 and 9471 S. 13th Street. If the Commission is comfortable with the conditions and restrictions the appropriate action would be to recommend that the Common Council adopt them as part of the conditional use for these properties.
Mayor Bolender questioned if the issue with the DOT had been cleared up. Mr. Jeff Steren explained he contacted the DOT and they have no plans to do anything with the intersection at least until 2010. They may possibly expand the median strip 250 to 280 feet if that becomes the case they could make an entrance at the north end of the property where the truck lot is located.
Commissioner Peterson moved that the Plan Commission recommend to the Common Council the attached conditions and restrictions are adopted as part of the conditional use permit for a restaurant with a drive-through facility for the properties 9441 & 9471 S. 13th Street after a public hearing.
Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Preliminary Plat – Edgemont Estates
10670 S. Nicholson Road
Tax Key No.: 958-9995-006
Mr. Fortin explained to the Commission the applicant was requesting approval of a preliminary plat for a 14-lot subdivision in the Rs-3, Single Family Residential zoning district. Lots within the district require a minimum area of 12,000 square feet and 80 feet of lot width. The applicant is far exceeding the minimums of this zoning district.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, commented he would like to see sidewalks within the development. Mr. Fortin clarified there would be sidewalks along the entire internal length of the development on both sides of the street.
Ms. Jean Clasen, 1730 E. Elm Road, questioned the addition of 2 lots. Mr. Fortin explained they added two lots on Elm Road and the original approval was for a map amendment. Ms. Clasen expressed concern for the water in the area and the addition of new homes.
Ms. Sandy Taylor, 1635 E. Elm Road, also expressed concern for the water in the area and the filling in of the green space.
Mayor Bolender questioned if the additional two lots had been addressed. Mr. Fortin explained the additional two lots may be lost if they could not accommodate for them in the grading plan. Commissioner St. John explained they would need to capture the water with a very slow amount of release to compensate for the additional lots.
Commissioner St. John questioned if lot 13 was freestanding at this time. Mr. Coury explained it was initially shown as two lots and they brought it back as just one.
Mr. Coury questioned if they could put detention on lots 13 and 14 to control the discharge from those lots. Commissioner St. John commented he has not seen the stormwater plan at this time.
Mayor Bolender commented the lots would be lost if he could not show that the stormwater could be taken care of within the development.
Mr. David Kozlowski, 1807 E. Elm, requested that the Commission consider the characteristics of the soil within the area and stated the water table was inches below the surface. Commissioner St. John explained they do not look at current rainfall they look at the 100 year and 50 year storm. It is calculated with historical values.
Mr. Tom Lewandowski, 10524 S. Nicholson Road, expressed concern for the developer not discussing the water issue with the neighbors before the Plan Commission meeting. Mayor Bolender stated she would have a meeting with the neighbors before this item went to Council.
Commissioner Siira moved that the Plan Commission recommends to the Common Council that the preliminary plat for Edgemont Estates be approved subject to the following conditions:
Commissioner Correll seconds.
Roll call, all voted aye with the exception of Commissioner Sokol who abstained. Motion carries.
Conditional Use – Pee Wee’s Salvage ( Andrew Zielinski)
3840 E. Puetz Road
Tax Key No.: 822-9002
Withdrawn before the meeting by the applicant.
Phasing Plan Review – Colonial Woods
8100, 8240, 8268, and 8300 S. 27th Street
Tax Key No.: 810-9977-001, 810-9976 and 810-9975-001, and 831-9011
Mr. Fortin explained to the Commission the applicant was requesting approval of a phasing plan for the Colonial Woods Condominiums. Site and building plans were conditionally approved by the Plan commission on March 14, 2006. One of the conditions of approval was that the applicant return to the Plan Commission with the phasing plan after staff review of the detailed utility, stormwater, drainage, grading and fire protection plans.
Mr. Robert Patch, Heartland Development, requested that the Commission be receptive to a gravel road. They would be willing to not let the gravel road be used by anybody except for Police and Fire access.
Assistant Fire Chief George Krudop commented the developer may be willing to risk the access and his property from fire and injury but what about the people that buy the properties. They don’t understand the risks and if they do will the person that they sell it to understand the risk. It is a safety issue.
Mayor Bolender questioned if the properties have been closed on at this point. Mr. Patch stated he will not close on the properties until the developer’s agreement and the phasing plan is approved.
Mayor Bolender questioned if the City has allowed break down gates. A.C. Krudop stated it has been allowed in the past but it is not the best thing to do. Who will maintain the road and plow it in the winter time. He also expressed concern for not being able to use the road during the process of putting in storm sewers and water mains. Mr. Patch stated the gravel road would be placed outside of the main road so it would not be disturbed during the building of the roads. A.C. Krudop also expressed concern for the development not being completed for five to ten years and creating a safety issue for the people who would be living in the development before the roads are completed. Mr. Patch commented it was not realistic to put in developments all upfront for police and fire emergency access.
Mayor Bolender stated the gravel road would be installed and maintained by the developer. Mr. Patch explained they would maintain the gravel road because they could not risk being shut down at any given time by the Building Inspector or Fire Chief.
A.C. Krudop suggested allowing the development to go forward but that no occupancies be allowed past the 500 feet mark. Mr. Patch stated he would be willing to post a $50,000 bond to secure that the road is maintained at any given time to maintain the road. Commissioner St. John would be agreeable to that if they City were given the right-of-entry by the developers’ agreement to maintain the gravel road.
Commissioner Peterson questioned if the legal opinion was obtained regarding the sale or dedication of the woods. Mr. Fortin stated he spoke with Attorney Haskin and it did not matter whether the City bought it for a dollar or whether it was dedicated as long as it was done as a quit claim deed.
Mayor Bolender questioned if a $50,000 bond would cover the costs of maintaining the road.
Due to a malfunction in the tape several minutes of this item were not recorded.
Commissioner St. John stated maintenance of the road would not be covered in the bond that would be billed directly to the developer by the City.
Alderman Kopplin questioned if the issues with the lining up of Forest Hill with Franklin had been cleared up at this time. Commissioner St. John explained there was room in the plan to move the road if it was determined by the DOT that a move of the road was necessary.
Commissioner Foeckler moved that the Plan Commission approve the phasing plan for the development of the Colonial Woods development as submitted with the understanding that the development agreement provide for the continued operation of the fire access road with a right-of-entry and a $50,000 bond while the gravel road is necessary for emergency access.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Commissioner Peterson moved to adjourn. Commissioner Siira seconds. Roll call, all voted aye. Meeting adjourned at 8:40 p.m.