MINUTES OF THE
TUESDAY, APRIL 25, 2006
Mayor Bolender called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner St. John, Commissioner Siira, Commissioner Foeckler, Mayor Bolender, Commissioner Grabowski, Commissioner Correll, and Commissioner Peterson. Also present were Jeff Fortin, Planner and Assistant Fire Chief, George Krudop.
Commissioner Siira moved to approve the minutes of April 11, 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 18, 2006 Common Council meeting. There were no comments or concerns from the Commission.
Commissioner Sokol arrived at 7:05 p.m.
Conditional Use Amendment – Hanna Trailer Sales Area
7575 S. Howell Avenue
Tax Key No.: 782-9034
Mr. Fortin explained to the Commission the applicant was returning from the April 11, 2006 Plan Commission meeting where the item was held so the applicant could designate a specific area where recreational vehicles can be displayed for sale. Modifications to the conditions and restrictions have been made to address concerns brought up at the last meeting.
Mr. Fortin read the following email into the record:
I am the owner of Midwest Paralegal Service Inc. and the current owner of the old Oak Creek Police station. Since my property runs south of Hanna Trailer I wanted to contact you regarding a request for an amendment the conditional use permit. I will not be able to attend tonight’s meeting regarding the request but wanted you to know that I have no objections to the changes requested by Hanna Trailer at 7575 S. Howell Avenue.
Shawn R. Olley
Commissioner St. John questioned where in the conditions it addressed the rental area. Mr. Fortin suggested in item 8e adding that all rental moving trucks, vans or trailers shall also be stored on the 60’ x 30’ paved section within the existing fenced in area. Mr. Downs requested the rental trucks be treated like a rental space being used on the gravel area and the paved area only for the display of the recreational vehicles. The rental vehicles would be brought to the front of the building for the customer and they would never need to use the back area.
Commissioner Dickmann questioned if the conditional use would also be used for the rental of the moving trucks. Mr. Fortin confirmed the moving trucks were also part of the amendment and would add moving trucks, moving vans and moving trailers.
Alderman Kopplin questioned the use of the term “recreational vehicles” and also questioned if the entire area was being paved as required if there were any changes to the conditional use. Mr. Fortin explained storage of equipment and vehicles was already a permitted use under the conditional use permit.
Commissioner St. John was unclear about the condition of the stone area. Would the whole stone area need to be paved if the use was changed or just the area that was designated to the change in use? Mayor Bolender explained it was supposed to say the area that was used and will continue to be used to park trailers over the winter will be stone. Mr. Fortin explained they were requesting to keep that area stone. Mayor Bolender asked for clarification that the area for the rentals would need to be blacktopped. Mr. Fortin stated that it did need to be black topped because it was a change in use but if the Commission felt otherwise they could require the entire area to be paved. Mayor Bolender commented at the last meeting the Commission was going to allow the gravel in the area that use was not be changed in and only require the paving for the sales area. Alderman Kopplin stated they would need to get a waiver for the paving because there was a change in the use that would require a ¾ vote from the Commission and the Council.
Commissioner Dickmann pointed out that staff is recommending the conditional use amendment be approved and then the applicant would return to the Commission for the waiver on the pavement. Mr. Fortin explained this was an ordinance not a site plan review and the applicant would return to the Commission with a site plan at a future meeting.
Commissioner St. John questioned if there would be a gap in the pavement of the road leading back to the fenced in area. Mayor Bolender stated that would have to be filled in all the way to the fence and to the area where the trailers would be for sale.
Commissioner Correll questioned if the Commission could approve the waiver at this time. Commissioner Dickmann stated the paving was not on the agenda. Commissioner St. John questioned why they couldn’t amend the conditional use with the paving as a condition. Commissioner Correll stated if that was the case and they carried ¾ the applicant would not need to return to the Commission. Mayor Bolender suggested trying to make this easy.
Alderman Kopplin stated she had a problem with procedure and felt other people may feel this was a special deal and we don’t need that in this community.
Commissioner St. John felt they had an amended conditional use not an amendment to the conditional use. We are not changing an item in the conditional use and if that is the case it is not on the agenda and we have a problem. As drafted this is an amended conditional use. Mr. Fortin explained it was just a draft and it was up to the Plan Commission to add and subtract conditions. Commissioner St. John again asked if this was an amendment to the conditional use or was it an amended conditional use. Mr. Fortin tried to explain that if a condition was going to be added to let them have pavement only in the 30 x 60 area and that was added to the conditional use it would need the ¾ vote. Typically the ¾ vote comes at the site plan approval that would come back after the Common Council approval.
Mr. Guy Kovales, 2130 E. Birch Drive, questioned if recreational vehicles was to be included in the storage area. Mr. Fortin explained the outdoor storage was already approved by the Common Council for the fenced in area.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the conditional use for the property at 7575 S. Howell Avenue be amended as proposed with the following changes; section 3.D would be changed to read: “with the exception of the area where trailers are to be stored which should include an approach” and in section 8D add “paved” in 8E “there shall be no more than five moving trucks, moving vans or moving trailers store outside” and item 3H should be removed after a public hearing and subject to the revised conditions and restrictions.
Commissioner Correll seconds. 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 No.: 859-9992-001 and 859-9007
Mr. Fortin explained to the Commission the applicant was returning to the Commission from the March 28, 2006 meeting where the item was held because of concerns with the creation of a landlocked parcel and also concerns with age restrictions within the development. The applicant has addressed this issues and has submitted a revised development plan which eliminates the proposed property line and has also provided information regarding the Fair Housing Act and the Housing for Older person Act of 1995 which contains an exemption for developments like The Gathering.
Mr. Guy Kovales, 2130 E. Birch Drive, expressed concern for the requirement of being 55 or older to purchase a unit. Mr. Fortin explained the Housing Act protects this development.
Commissioner Sokol questioned if it would be a requirement of the project that the occupants be 55 or older. Ms. Jannet Bedker, 155 W. Sunnyview Drive, confirmed it would be a requirement that at least one resident in each unit be 55 and older. It was their intention to have 100% 55 or older.
Commissioner Dickmann questioned if the property line was eliminated then would there not be a problem with the water and sewer. Commissioner St. John confirmed that was the case.
Commissioner Sokol questioned if it was going to be a requirement at this time that the units be occupied by residents 55 and older. Commissioner St. John stated they were not voting on that issue at this time only the zoning for the property and that would appear in the conditions and restrictions at the next meeting. Mr. Fortin stated he would speak with the City Attorney to see if it was something that the City could mandate in their conditional use permit.
Commissioner Correll moved that the Plan Commission recommend to the Common Council that the properties at 8825 S. Howell Avenue and 155 W. Sunnyview Drive are rezoned from Rm-1 (CU), Multi-family Residential to Rm-1 (PUD), Multi-family Residential Planned Unit Development after a public hearing and subject to conditions and restrictions that will be prepared for the Plan Commission at their next meeting.
Commissioner Peterson seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Atout Real Estate (Pick n’ Save)
2320 W. Ryan Road
Tax Key No.: 878-9994-002
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map for the property at 2320 W. Ryan Road. The proposed map would create two parcels in the B-4, Highway Business District. Each of the lots exceeds the zoning requirements for the zoning district.
Commissioner St. John requested a condition be added that the map not be recorded until the site comes into compliance with the erosion control ordinances. Mr. Ehab Atout stated he is working on getting the landscaping complete at this time. Mayor Bolender stated he wanted the work completed in two weeks.
Commissioner Siira questioned if there would be access off of Ryan Road for Lot 2. Mr. Fortin stated there would not be access from Ryan Road the lot would be accessed from the Pick n’ Save parking lot on the north side. Commissioner Siira requested it be added to the CSM to show no access along Ryan Road.
Mr. Jeff Racine, 3011 W. Woodward Drive, Franklin, questioned the cross access easement going to the west. Mr. Fortin explained there was an easement that was already recorded for a 25’ wide cross access easement to the next parcel which is also owned by the applicant.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the certified survey map for the property at 2320 W. Ryan Road be approved, subject to the any technical corrections being made prior to recording and to coming into compliance with the erosion control ordinance prior to recording.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Conditional Use – Guardian Credit Union Drive Through
7801 and 7821 S. Howell Avenue
Tax Key No.: 782-9048
Mr. Fortin explained to the Commission the applicant was requesting a conditional use to allow for a 4-lane drive through for a proposed credit union located at 7801 S. Howell Avenue.
Commissioner St. John commented this project would most likely not go any further if they are not granted a conditional use for a drive through.
Alderman Kopplin questioned if there was going to be a berm to protect the neighbor from the lights in the parking lot. Commissioner Dickmann commented the Commission should not be discussing the parking and berming at this time because it was not on the agenda. At this time they were discussing the drive through.
Commissioner Siira questioned the need for four lanes. Mr. Joe Minorik, Architect, explained based on the member count and the traffic studies done for the area the credit union would need four lanes.
Commissioner Peterson questioned if one of the four lanes would be for a TYME machine. Mr. Minorik stated the lane on the south end would be a remote kiosk and an ATM lane.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the conditional use permit for a bank with drive through facility for the property at 7801 and 7821 S. Howell Avenue be approved after a public hearing and subject to conditions and restrictions that will be prepared for the Plan Commission at the next meeting.
Commissioner Siira seconds. Roll call, all voted aye. Motion carries.
Preliminary Plat Revision – Glen Crossing
8400 S. Nighthawk Trail
Tax Key No.: 829-0061
Mr. Fortin explained to the Commission the applicants were requesting Plan Commission approval of a revised preliminary plat for the undeveloped portion of the Glen Crossing Subdivision. The approved preliminary plat had 85 lots in the Rs-3, Single Family Residential Zoning District. This phase would consist of 36 lots that would be revised to create larger lots. Future construction of a bridge along the officially mapped street across the Oak Creek connecting to the property to the east is of concern to staff. The City Administrator is looking further into the issue on the costs of the bridge and how and when the bridge would be installed.
Commissioner Grabowski questioned if the City took the position that they were not going to intervene and put any funds toward the bridge it would be up to the developers to come to an agreement as to who would pay for the bridge. Mr. Fortin confirmed that was the case. The developer and the owner to the east have been discussing the issue.
Alderman Kopplin provided the Commission with some history regarding the property.
Commissioner St. John felt the plat was easy. They have the right to build smaller lots or we could approve this and they would build bigger lots. That is what is before the Plan Commission at this time and he was hesitant to go any further on the bridge issue.
Mayor Bolender explained there was a question on the information the City Administration was gathering.
Mr. Bob Stack questioned what happened to the City commitment to build the bridge and pay for it. Mr. Stack gave some history on the property of his own and had documentation to back up his comments. Mayor Bolender explained they were not discussing the bridge at this time but directed Mr. Stack to provide the Planning Department with any documentation that he had for the staffs review. He was appreciative of the larger lots and quality subdivision and would only be discussing the preliminary plat at this time.
Commissioner Foeckler commented that he could not be supportive of any plan that has the City paying for any portion of the bridge it would have to be worked out between private parties.
Commissioner Siira moved to approve the revised preliminary plat for Glen Crossing, subject to the following conditions:
Commissioner Sokol seconds. Roll call, all voted aye. Motion carries.
Commissioner Foeckler moved to adjourn. Commissioner Dickmann seconds. The meeting adjourned at 8:25 p.m.