MINUTES OF THE
TUESDAY, MAY 9, 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 Kopplin, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Commissioner Sokol was excused. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Dickmann moved to approve the minutes of April 25, 2006 Plan Commission meeting. Commissioner Grabowski seconds. Roll call, all voted aye with the exception of Commissioner Kopplin who abstained. Minutes were approved as submitted.
Report on Significant Common Council
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the May 2, 2006, Common Council meeting. There were no comments or concerns from the Commissioners.
Sign Appeal – Oak Creek Centre Pole Sign
8581 S. Howell Avenue
Tax Key No.: 828-9009
Mr. Fortin explained to the Commission the applicant was requesting three variances from Section 16.0706(e) of the Zoning Ordinance to allow for significant modifications to their existing pole sign. The proposed sign modifications would feature brick support posts to match the new brick on the recently completed façade renovation. The sign would have nine changeable tenant panels and a panel for the name of the retail center. The sign would also have the address number on it.
Mr. Joe Wight 112 Blye Parkway, Port Washington was sworn in and spoke in favor for the variance. He explained the cost of replacing the entire sign was too high and they would prefer to be able to modify the existing sign to have it more closely match the new façade changes of the building. They were not asking to add any additional square footage or height to the existing sign. With the large vacancy at the center there is not any money to replace the sign. The sign square footage will stay the same but will be reconfigured.
Commissioner Correll questioned what the alternative to the changes would be. Mr. Wight stated the sign would have to stay in its current condition.
Commissioner Dickmann commented he would prefer to see the sign improved rather than leave the existing sign.
Alderman Lampe commented if the sign was not currently in place they would not allow a sign like that to be built and the Commission should be aware of precedent.
Mayor Bolender called three times for comments before closing the public hearing.
Commissioner St. John commented that the Council had set sign standards and if the Commission were to approve this other businesses would be in asking for the same type of requests.
Commissioner Grabowski expressed concern for setting a precedent.
Commissioner Correll commented if another business requested to build this type of sign it would not be allowed because it does not meet the code. The alternative with this sign is not the same. This would be an improvement not a new sign.
Commissioner Kopplin stated this sign did not need a variance when it was originally constructed but has since been grandfathered.
Mr. Steve Barry, Jones Sign Company, explained that it would cost a lot more money to tear down the current sign and replace it with a new monument sign almost 100 percent more.
Mayor Bolender stated there is a sign ordinance and once you give one business an added sign everyone will want one and it becomes a vicious circle. There is a sign ordinance and it was developed and the ordinance should be followed and the square footage should stay at what the ordinance calls for. The other question with this request is would it be an improvement to the sign and what the dollar amount difference between the two signs would be?
Commissioner Correll questioned if they were not looking at each sign individually and considering the merits of each then there would not be a reason for the appeal process.
Commissioner Siira stated this was not a new sign but an existing sign that was being requested to be improved.
Commissioner Correll moved to close the public hearing. Commissioner Dickmann seconds. Roll call, all voted aye. The public hearing for the Oak Creek Centre sign appeal was closed.
Commissioner Correll moved to approve the request for three variances from Section 17.0706(e) of the Zoning Ordinance and allow for a remodeled pole sign at Oak Creek Centre at 8581 S. Howell Avenue not to increase in height or size from the current dimensions.
Commissioner Siira seconds. Roll call, Dickmann; aye, St. John; nay, Siira; aye, Kopplin; aye, Bolender; aye, Grabowski; nay, Correll; aye, Peterson aye. Motion carries.
Sign Appeal – Continental 86 Fund, LLC - (Kohl’s Center)
9001 & 9035 S. Howell Avenue
Tax Key No.: 859-9034 & 859-9035
Mr. Fortin explained to the Commission the applicant was granted a variance for this property to allow for a maximum area of 190 square feet per side on June 15, 1998. Continental 86 Fund, LLC was requesting another variance from Section 17.0706(e) if granted, the variance would allow Continental Properties to add two additional 49.5 square foot tenant panels onto the exiting pole sign, bringing the total square footage of the sign to 283.45 square feet.
Mr. Fortin read the following email into the record:
Dear Mr. Seymour:
Re: Request for Sign Variance, Tax Key No 859-9034, Continental 86 Fund LLC, 9001 S. Howell Ave.
We are in receipt of the notice for the Public Hearing on May 9th for variance of the signage at the above address; unfortunately we will be out of town and unable to attend this hearing. We would however like to express our opinion in regards to this request for variance.
The City of Oak Creek officials and residence have put Municipal Codes into place for a reason. The residence of the community have elected the governing parties to see that the City up holds the rules and regulations; by allowing signage to be enlarged on one occasion would open the gates to all who want larger signs and could turn Howell Ave. into another Bluemound Road. Every retail merchant wants access to the public view…however if one is granted where will it stop…the center to the North may want to place larger signage on it’s pole sign to give it’s tenants more visibility…and new development in turn will want larger signs; starting a snowball effect. By the time you know it no sign will have any meaning they will be just light pollution and a blur as you drive down Howell Ave.
We are of the opinion that the Municipal Code is adequate as it stands and the request for variance be denied.
Sincerely,
Robert & Debra Pampuch
Property Owners of
9011 S Howell Avenue
Oak Creek, WI
Ms. Emilou Barnes was sworn in and spoke in favor of the sign appeal. Felt it would be more appealing and reduce sign clutter to add to the existing sign than to construct an additional monument sign.
Commissioner St. John questioned how Continental 86 Fund would handle the signage if there were two tenants in the proposed addition. Ms. Barnes stated they would divide the sign panel to accommodate.
Ms. Carol Grundy questioned how close to the road the current sign was located. Mr. Fortin pointed it out on the map.
Mayor Bolender called three times for comments and then closed the public hearing.
Commissioner Dickmann moved to close the public hearing. Commissioner Peterson seconds. Roll call, all voted aye. The public hearing was closed.
Commissioner Grabowski questioned how the tenants would be identified if the variance was not approved. Mr. Barnes stated without constructing a new sign there would be no visibility.
Commissioner St. John commented it was a request for a larger, brighter, wider sign.
Commissioner Peterson questioned if there were restrictions in the current sign ordinance on how low to the ground the sign could be. Mr. Fortin explained there was language in the ordinance saying from the bottom panel to the ground needs to be 12 feet. The intent of that was to make sure vehicles could clear under there.
Commissioner Peterson questioned if the retail space of the other two retailers was equivalent to Office Max. Ms. Barnes stated the Sherwin Williams was smaller and the proposed retail would be at least as large as Office Max. Commissioner Peterson questioned if one of the signs could be split for Sherwin Williams and the proposed retailer. Ms. Barnes did not feel that would work because visibility is important to retailers.
Commissioner St. John commented if the Council does not want to relook at the ordinance then the Commission needs to follow those guidelines. He also suggested the Council should review their decision.
Mayor Bolender commented they are seeing more and more appeals. The citizens are upset with the signage and they way the community looks. If the Council could find some point in between that could make everyone happy that would be great but at this point this is what we have to work with.
Ms. Barnes would like to have the item held to see if the Council would take a look at the sign ordinance for possible changes.
Sign Appeal – Wauwatosa Savings Bank
6560 S. 27th Street
Tax Key No.: 715-9020
Mr. Fortin explained to the Commission the applicant was requesting a variance from Section 17.0706(e) which states that “Pole signs shall not exceed 100 square feet on any one side, nor more than 200 square feet on all sides for any premises. They are proposing to add a 30 square foot electronic message board onto their existing sign, which already has 216 square feet of sign area per side (432 square feet overall). The current sign has a panel for Wauwatosa Savings Bank and one for their drive-up ATM.
If granted, the variance would allow Wauwatosa Savings Bank to add a 30 square foot electronic message board to their existing non-conforming sign.
Mr. Fortin read into the record the following letter in opposition of the variance request:
Dear Doug,
NDC LLC is the owner of the Tri City Shopping Center at 6312-6508 S. 27th Street which is adjacent to the Wauwatosa Savings Bank branch at 6560 S. 27th Street. NDC received notice that Wauwatosa Savings Bank is petitioning the Plan Commission for a variance to install a 30 square foot message board as an addition to their already non-conforming sign.
NDC LLC opposes this variance. NDC believes that if Wauwatosa Savings Bank is granted this variance other property owners along 27th Street will also expect to be entitled to the same special privileges. If Oak Creek allows this sign variance it will set a precedent that will make the existing sign code meaningless.
Furthermore, NCD believes that if Wauwatosa Savings Bank is grated a variance that the City could not legitimately turn down other request for similar variances. Both NDC and Tri City National Bank would like to have additional signage at the Tri City Shopping Center. IF Wauwatosa Savings Bank is granted a variance NDC LLC and Tri City National Bank will apply for similar variances. We believe that it is important for the City of Oak Creek to enforce its sign ordinances and grant variances only in extenuating circumstances.
Sincerely,
NDC LLC
Gary Kaufman
President
Mr. Bryan Olen, Wauwatosa Savings Bank, was sworn in and spoke in favor of the variance request. He explained because of restrictions in the current sign code he could only have banners for 30 days a year and outside of that he had no way to advertise different products and services that are offered.
Alderman Lampe stated they did have another option which would be to make his existing sign smaller to allow for the message board.
Mr. Guy Kavales, 2130 E. Birch Drive, suggested adding the message board within the existing sign.
Mayor Bolender called three times for comments and then closed the public hearing.
Commissioner Correll moved to close the public hearing. Commissioner Grabowski seconds. Roll call, all voted aye. The public hearing was closed.
Mayor Bolender suggested changing the ATM sign to allow for the message board.
Mr. Olen commented that new banks have conformed to the current sign code but they have been in the community since 1969 serving the community.
Commissioner Dickmann moved to deny the request for a variance from Section 17.0706(e) for the Wauwatosa Savings Bank located at 6560 S. 27th Street.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Conditions and Restrictions–The Gathering of Oak Creek Planned Unit Development
8825 S. Howell Avenue and 155 W. Sunnyview Drive
Tax Key No.: 859-9992-001 and 859-9007
Mr. Fortin explained to the Commission staff has prepared the conditions and restrictions for the Planned Unit Development to allow for the development of a 72 unit senior condominium development that the Commission recommended approval of at the April 25, 2006, meeting to the Common Council.
Commissioner Peterson moved that the Plan Commission recommend that the Common Council adopt the attached PUD conditions and restrictions and general development plan as part of The Gathering of Oak Creek rezoning and Planned Unit Development including a correction in section 7 that says “Housing for the elderly is not to exceed 72 units including that housing for the elderly should be defined as housing for older persons as housing facilities or communities intended and operated for occupancy by persons 55 years of age or older and at least of 80 percent of the occupied units are occupied by at least one person who is 55 years of age and older and the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent to be housing for persons 55 and older.” and that section 7 b be relettered so that it reads a, b, and c after a public hearing.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Conditions and Restrictions – Guardian Credit Union Drive Through
7801 & 7821 S. Howell Avenue
Tax Key No.: 782-9048, 782-9047, 782-9050
Mr. Fortin explained to the Commission at the April 25, 2006 meeting, they recommended that the Common Council grant a conditional use permit to allow for a credit union with a 4-lane drive-through facility. Staff has prepared the conditions and restrictions for review.
Commissioner Kopplin informed the Commission that she has met with the applicant and the neighbor to work out any issues with stormwater concerns.
Mayor Bolender also commented that the light issues have also been resolved with Mrs. Wolter.
Commissioner Siira questioned if the cross access easement with the Water Utility was a done deal. Joe Minorek, Guardian Credit Union stated it was a done deal.
Commissioner Siira questioned if there would be signage that would indicate that the one way drive. Mr. Minorek, stated there would be signs stating no right turn and one way traffic.
From this point to the end of the tape, the tape malfunctioned.
Commissioner Kopplin moved that the Plan Commission recommend to the Common Council that the attached conditions and restrictions are adopted as part of the conditional use permit for the properties at 7801 & 7821 S. Howell Avenue after a public hearing. She also requested that they work with the Water Utility to make sure that it comes to the Common Council to grant the easement.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Plan Review – Puppy Playground LLC
8411 S. Liberty Lane
Tax Key No.: 828-0001
Mr. Fortin explained to the Plan Commission the applicant was proposing to construct a 3,092 square foot building for a dog day care and grooming facility. The Common Council granted a conditional use to allow for the animal boarding kennel at their April 2, 2006, meeting. The building will have a brick belt course, masonry corner accents, and cement board siding.
Deb Lipstreuer owner of Puppy Playground showed samples of the materials that were proposed for the building and the colors that would be used.
Commissioner St. John commented the front of the building was lacking architectural detail. Ms. Lipstreuer explained they wanted to add more windows but the front of the building was where the self serve dog wash would be located and they were concerned with humidity issues with windows at that location. Commissioner St. John suggested the entrance be done in glass.
Commissioner Siira commented the front of the building was not obvious from the elevations. He suggested a double casement window added to the front vestibule or something more architecturally pleasing facing the road.
Commissioner St. John suggested carrying the corner brick treatment and then filling it in with windows at the vestibule area.
Commissioner Grabowski commented the building looked lopsided because of the placement of the windows and suggested adding more windows. Again the applicant commented about the location of the self serve dog wash.
Commissioner Siira proposed rather than a hip roof to make it an end gable which would allow for a double window with a circle top window signifying the entry to the building.
Commissioner St. John suggested holding the item until the new elevation could be decided upon. Commissioner Grabowski disagreed. Mr. Fortin suggested the approval be subject to the elevation modification suggested by Commissioner Siira.
Ms. Lipstreuer Puppy Playground was willing to go with the design suggestions from Commissioner Siira for the front elevation.
Commissioner Dickmann moved that the Plan Commission approve the site, revised building and landscaping plans for Puppy Playground LLC located at 8411 S. Liberty Lane, subject to the following conditions:
Commissioner Grabowski seconds.
Roll call, all voted aye. Motion carries.
Temporary Use – Edgerton Contractors Pavement Crushing Operation
9540 S. Pennsylvania Avenue
Tax Key No.: 910-9984 & 910-9985
Mr. Fortin explained to the Commission Edgerton Contractors was requesting approval to use the LePine properties 9540 & 9578 S. Pennsylvania Avenue on a temporary basis to allow them to crush pavement for use on the WE Energies Generation Station and Dupont/El Paso Bluff Stabilization projects currently underway along the lakefront. The applicant is proposing to crush stone and other aggregate materials from other sites for use on these two projects.
Alderman Lampe commented that residents outside of the 300 foot notification area were not notified and she received complaints from those residents in the past regarding crushing and she was in agreement with staff to not recommend approval and felt the crushing should happen down on the WE Energies site.
Mr. Don Schantzen, 9310 S. 8th Avenue, questioned how the Commission felt they would get the new Highway 100 built and other things within the City if they were going to shut down the owners operation. He supplies the crushed concrete which does not cost a lot of money.
Mr. Mike D’Alessandro Sr., 2650 E. Ryan Road, commented the crushing operation the past has not caused a lot of problems for him but the trucking was the biggest problem. The condition of the site and how the roads are maintained regarding the mud was the problem he had with the operation. He would like to the see the berm maintained and enforce the conditional use for the property.
Alderwoman Lampe responded to Mr. Schantzen’s comments regarding crushing and stated there should not be any crushing going on at the site because the conditional use permit had not yet been granted for the site.
Mr. Bruce LePine commented he has not received a final approval on his landscaping plan at this time so he can not put any landscaping in at this time. He has trees and topsoil on site just waiting for the final approval to begin. The large pile of concrete currently on the site was left by Musson Brothers from the Hwy. 100 project.
Mayor Bolender questioned the amount of rough concrete was on the property. Mr. LePine stated about 40 or 50 thousand tons. Mayor Bolender questioned if staff was proposing to have them crush it all on site. Commissioner Kopplin stated staff does not want them to crush on the site. Mayor Bolender commented it would either be crushed there or some place else if they were going to use it.
Mr. Pete Davis, Edgerton Contractors, the plan was to crush the existing raw product on the LePine site and then export it primarily to the WE Energies project and also to the El Paso Bluff project. They do not intend to haul in any raw product. If the raw product is hauled away in its current condition there will probably be 40 percent more truck loads than if it was crushed first. Truck traffic would be there one way or the other but if they are not allowed to crush it before taking it out the City would be looking at 40 percent more truck loads. Mayor Bolender commented they would be driving right by the back of his house in the process.
Commissioner Kopplin questioned if Edgerton had a contract with the utility to bring in from the piles along 13th Street by the railroad. Mr. Davis did not have a contract to haul any of that material in. They would like to haul the material on the LePine site because it would reduce trucking.
Assistant Fire Chief George Krudop commented they were still bringing product in from WE Energies at this time. He feels they are planning to continue to bring product into the site. If the Commission was going to allow them to crush the material that was at the site only they should not be allowed to bring in any additional material. Mr. Davis clarified that Edgerton Contractors was applying for a permit to crush the existing material that was on the site currently. They did not intend to bring in any more material on site and they are currently not bringing in any material on the site. A.C. Krudop commented it would be difficult for staff to determine what was there currently and to keep track of what was coming and going. Mr. LePine commented there was material from all different Oak Creek projects coming into the site.
Alderman Lampe urged the Commission to not lose site of the fact that they are only supposed to be able to crush for twenty days a year and giving them this approval would give them the ability to crush until WE Energies is done. That is not what the Council and the neighbors bought into with this site.
Commissioner St. John questioned what the concrete storage was that was allowed under the LePine plan of operation. Mr. LePine thought it was 25 thousand yards. Commissioner St. John questioned if he was double that at this time. Mr. LePine stated he was double the amount because Musson Brothers left a big pile on the site. Mr. Davis stated he was not double 25 thousand yards; he was at 50 thousand tons. Commissioner St. John commented it was not supposed to be visible from Ryan Road. Mr. LePine explained they did not give Musson Brothers any restrictions on the height of their pile so they put the pile at its current height. Alderman Lampe stated it was Mr. LePine’s facility and he should have restricted them to his rules. Mr. LePine explained he tried and they were supposed to be taking the material off of the site but the permit ran out and they left the pile. He has added to the pile but only below the height of the berm. Musson got delayed on phase two of the project and the permit ran out before they could crush the rest of the pile. Edgerton Contractors is proposing to remove the entire pile.
Commissioner St. John questioned if Edgerton Contractors had a contract with any of the entities. Mr. Davis stated they have a contract with WE Energies and a conditional contract with DuPont. Commissioner St. John questioned who they were subbing to on WE Energies. Mr. Davis replied the contract at WE Energies was with Bechtel. Commissioner St. John questioned the volume the contract was for. Mr. Davis stated it was for 55 thousand tons of crushed concrete.
Commissioner Grabowski questioned if Mr. Davis was asking to exceed the twenty days allowed under the LePine permit. Mr. Davis was unaware of the conditional use permits that the LePine property was under and he was asking to crush from now until November 15. They believe they would be able to crush what was currently on the site between now and late July. They would be willing to contract the duration to about two months. Commissioner Grabowski clarified that with the original asking of the twenty days presented a lot of back lash from the surrounding residents. In regards to disrupting the homeowners she questioned if people along E. Ryan Road and Pennsylvania Road were notified. Mr. Fortin stated everyone within 300 feet of both Mr. LePine’s properties where notified. Commissioner Grabowski stated it would have been pertinent to extend the boundaries.
Commissioner Correll stated for clarification the request for crushing as he understood. He felt the decision was to be based on the truck traffic versus the pile staying on the site. Alderman Lampe questioned why it was not Mr. LePine’s responsibility to lower the pile left by Musson on his property. Commissioner Correll questioned if they had the ability to move the pile around on the property to get it where it should be height wise. Mr. LePine stated he was not governed by the restrictions of the conditional use because he wasn’t given approval at this time. Commissioner St. John explained the conditional use does not become active until Mr. LePine has a site plan and an approved plan. He was sent a letter a year and a half ago that stated he could do nothing on the site that was not authorized by the Department of Natural Resources which took jurisdiction of the filling that the City did not have control of. Commission St. John assumes that the pile is be claimed as under the jurisdiction of the DNR. Mr. LePine stated he wanted to get rid of the pile and Edgerton Contractors would like the pile.
Alderman Lampe stated Mr. LePine was not the victim in this situation. He let the circumstances happen and now the Plan Commission is being held responsible to make a decision to make it right for him. That is not the way it is supposed to work. She also questioned why Edgerton could not work with WE Energies to crush the material on their site.
Commissioner Correll questioned how the current material would be taken care of if Edgerton was not allowed to do the work. Alderman Lampe stated it would have to be picked away at under the terms of the conditional use permit.
Mayor Bolender questioned if Mr. LePine has had over a year and a half to get his materials into the City. Mr. LePine commented that was the case and he has been working on it. It took several months to get a permit from the DNR for a well and he is getting things together for Planning.
Commissioner St. John questioned when the conditional use was passed. Mr. Fortin stated the conditional use was passed by the Common Council on November 4, 2002. Mr. LePine explained in 2003 he had a tragic illness that put him out of work over a year. He could not do any of the leg work or anything else for the project.
Ms. Donna LePine, 9540 S. Pennsylvania Avenue, questioned where the City would like the material to go. When it benefits Oak Creek then it is okay. Where would the City like the crushing to be done on 6th and College? Alderwoman Lampe suggested it be done on the WE Energies site.
Mr. D’Alessandro commented Mr. LePine should comply with the regulations that were imposed on the property. More concrete is being brought into the property everyday and if there is already too much then he should turn them away and shut the gate.
Mr. Dennis Schulte, 3718 E. Ryan Road commented when the restrictions were put on regarding crushing the biggest concern was dust and noise and last summer there was no noise or dust from the crushing operation.
Mr. LePine stated his business has been running for approximately six years and he has never received a letter from Mr. St. John in regards to a complaint or received a ticket for mud on the road or anything of that type.
Mr. LePine commented that Ms. Lampe always comments that her and her husband are not residents but they are taxpayers and they do have rights. She questioned if there were complaints regarding the property how come they were not made aware of them. Alderman Lampe stated she contacts the staff person to handle any complaints. She stated she received complaints regarding slamming of the gate and truck doors. When she receives a complaint regarding a business under an approved usage she tells the resident sorry but they are doing business under an approved usage. She prefers to protect the residents ahead of time.
Mike Sable, commented he is directly affected by the operation. He commented that he and his neighbors have not been affected by the crushing operation and would prefer the crushing on site rather than the noise of loading up the concrete and hauling it off site.
Commissioner Grabowski commented she found it very interesting the residents directly around the area were not negative. The other concern would be going outside of the twenty days per year. There did not seem to be much concern when the approval was given to Musson Brothers and what was the difference between that approval and what is being asked at this time. Commissioner St. John clarified that Mr. LePine has never been allowed to crush under his conditional use because it is not active at this point. The reason that Musson is different than what we have now is Musson Brothers could have pulled that crusher up and down the right-of-way with them as they moved and we could not have stopped them because it was a State contract and a State right-of-way. They requested a temporary use permit on the LePine site for them to crush and agreed not to do any crushing outside of the LePine site if they were given the temporary use. The Council approved the temporary use because the potential for disruption was less with the crushing happening at the LePine site. The current request does not allow for crushing in the right-of-way of Hwy 100. The actual crushing operation would be the same.
Mr. LePine explained the additional truck traffic that would be generated through the City if they did not allow crushing at the site.
Mayor Bolender commented that he monitored the crushing operation and did not see any dust or any noise. He expressed concern for what the neighbors had to look at with the pile of concrete. He also was not happy with the amount of truck traffic on Ryan Road. This is a no win situation for anybody.
Mr. Mark Verhalen, 1200 E. Ryan Road, commented that he has used the LePine site and feels some of the comments are blown out of proportion. Large projects are not flawless; you are always going to have some complaints. The benefits need to be weighed versus the bad things that could happen. There were very few complaints and the job was expedited.
Commissioner Correll pointed out that the report states that Edgerton Contractors would be trucking in additional materials but Mr. Davis has stated he would not be bringing in any additional materials. Mr. Davis confirmed that they had no intentions of hauling in any materials and if they needed additional material they would get it from other sources.
Mayor Bolender questioned if the entire pile would be gone. Mr. Davis stated the entire pile would be gone down to the ground.
Commissioner Grabowski questioned when the material would be gone. Mr. Davis stated the material could be crushed by the end of July and the pile would be gone by late September or early October.
Mr. Ken D’Alessandro, Raymond, commented when his business went in they had conditions they had to comply with before they could operate their business and Mr. LePine was given conditions to operate and in his opinion he has not complied and should not be operating. He did not have any problems with the crushing operation but would like the site brought up to the standards of the original approval.
Mayor Bolender would like to see the site brought into compliance. Mr. LePine explained they have been trying but every time they complete one report the City hands them another thing that needs to be done and these are not simple requirements. They take a long time to acquire with the DNR. Mayor Bolender questioned how close to compliance he was getting. Mr. Fortin stated he was getting materials handed in but City staff needs to go over the conditional use and make sure that everything is in order. They should be ready to come before the Commission in the next several weeks.
Mr. Mike D’Alessandro Sr. wanted to make it clear that he did not have a problem with the crushing operation only with the additional material coming onto the site that already has more than allowed. The gates should be closed when the limits are exceeded and he does not want to see the large piles of concrete and the unfinished berm.
Alderman Lampe questioned if the maximums applied at this time. Commissioner St. John stated they did not unless the DNR had maximum numbers allowed otherwise the maximums do not apply until the conditional use goes into effect. Mr. LePine stated he would have eighteen months to comply. Mr. Davis stated if they were allowed to move on site they would knock the piles down below the berms on the first day.
Commissioner Grabowski felt there were issues that staff needed to address. The City should take a look prior to the conditional use permit what is acceptable versus what is not acceptable. The concern is if Mr. LePine can’t do this because he is in noncompliance then the Commission needs to have documentation in addition to the staff report. If residents have a problem those residents should attend the meeting or send a letter or email. Alderman Lampe commented the residents had no idea this was even proposed. Commissioner Grabowski again stated it was interesting the close residents did not have a concern with the operation. Last year Musson Brothers possibly should not have been allowed if LePine was not in compliance at that time.
Commissioner Kopplin commented the new crushers do not emit as much dust and noise because of the types of crushers that are allowed to be used on the site.
Mayor Bolender directed the item held until the site could be brought into compliance for the conditional use.
Certified Survey Map – Steve Bocek
9708 & 9734 S. Howell Avenue
Tax Key No.: 907-9980 & 907-9979
Mr. Fortin explained to the Plan Commission the applicant was requesting approval of a certified survey map that would create three lots from the two existing parcels in the Rs-3, Single Family Residential zoning district. Each of these lots exceeds the minimums for the zoning district.
Commissioner Grabowski questioned what other options were available to Mr. Bocek in regards to access to the property. Mr. Fortin explained the DOT has jurisdiction over how many driveway cuts are allowed. There is an existing driveway cut at the north end of what is shown as parcel one and the existing driveway cut. The DOT has indicated that those two can stay but they won’t allow another access onto Howell Avenue. The applicant has provided a cross access easement to allow the owner of parcel two to use his driveway.
Commissioner Grabowski questioned if that was acceptable to the applicant. Mr. Steve Bocek replied that was acceptable to him.
Mr. Bocek expressed concern at being required to have a 50 foot setback. Mr. Fortin explained the situation with being on a highway the DOT requirements.
Commissioner Correll stated he did not have a problem with allowing the 30 foot setback.
Commissioner Correll moved that the Plan Commission recommend to the Common Council that the certified survey map for the properties at 9708 & 9734 S. Howell Avenue be approved subject to the following conditions:
Commissioner Dickmann seconds.
Roll call, all voted aye. Motion carries.
Plan Review – First Industrial Creek Multi-Tenant Building
305 E. Mahn Court & 7466 S. Howell Avenue
Tax Key No.: 766-9028 & 766-9990
Mr. Fortin explained to the Commission the applicant was proposing to construct two multi-tenant speculative buildings. The building fronting S. Howell would be 81,825 square feet and the building behind that would be 108,132 square feet. The existing house at 7466 S. Howell Avenue will be razed to accommodate this development. All approvals associated with this development are conditioned on the rezoning request being approved. The building will be constructed of precast concrete panels of white with grey and green accent bands.
Commissioner Grabowski questioned if it was customary for a developer to put landscaping within the easement. Mr. Fortin explained that even if they just put grass in the easement it would count towards the green space requirements.
Commissioner Kopplin questioned how this would impact the homes on Manitowoc. Mr. Jay Knetter, Eppstein, Uhen Architects, commented they are entirely located within the Manufacturing zoning and to the south of the property is zoned Institutional that would provide a buffer between any residential to the south. Mr. Fortin explained Commissioner Kopplin was referring to providing additional screening to the east and perhaps adding a berm to screen for the residents on Manitowoc.
Mayor Bolender requested a berm be provided to help screen the operation from the residents. It would not need to be a high berm because of the topography but it would help with the privacy for the residents.
Commissioner Kopplin would like them to continue the berm from Midwest Dialysis with pine trees.
Commissioner Grabowski requested building renderings. Mr. Knetter explained the building renderings that were provided to the Commission with the staff reports. Commissioner Grabowski questioned if there were any bump outs that would break up the length of the walls. Mr. Knetter explained there was a panel offset that would occur on each of the buildings and showed Commissioner Grabowski where those would be located.
Commissioner Siira questioned if the sample provided of the precast panel was representative of the finish product. Mr. Knetter stated it would be a painted finish with a grey smooth finish. They have also added a parapet condition at each office entry which would also provide screening for future rooftop units.
Commissioner Kopplin questioned if the truck dock doors would be in between the buildings. Mr. Knetter stated that was the case and they also had sixteen foot tall screen walls that would project off of the buildings that would enclose the courtyard.
Commissioner St. John questioned if there would be one or two buildings. Mr. Knetter stated there would be two buildings going up at the same time.
Commissioner Grabowski questioned the number of parking spots that would be going along Howell Avenue. Mr. Knetter thought it was around 80 parking spaces.
Commissioner Siira moved that the Plan Commission approve the site, building and landscaping plans for First Industrial Oak Creek located at 305 E. Mahn Court and 7466 S. Howell Avenue, subject to the following conditions:
Commissioner Correll seconds.
Roll call, all voted aye. Motion carries.
Commissioner Dickmann moved to adjourn. Commissioner Grabowski seconds. The meeting was adjourned at 10:53 p.m.