MINUTES OF THE
TUESDAY, MAY 23, 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 Kopplin, Mayor Bolender, Commissioner Grabowski, and Commissioner Peterson. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop. Commissioner Correll arrived at 7:45 p.m.
Commissioner Siira moved to approve the minutes of May 9, 2006 Plan Commission meeting. Commissioner Grabowski seconds. Roll call, all voted aye with the exception of Commissioner Sokol who abstained. Minutes were approved as submitted.
Report on Significant Common Council Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the May 16, 2006, Common Council meeting. There were no comments or concerns from the Commissioners.
Sign Appeal Hearing – Woodman’s Food Market & Gas Station
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7929 & part of 8201 S. Howell Avenue
Tax Key No.: 813-9011 & 813-9009-004
Mr. Fortin explained to the Commission the applicant was requesting five variances from the City of Oak Creek Zoning Ordinance to allow for the installation of their signage package for Woodman’s Food Market and Gasoline Service Station. The first four requests are for the Woodman’s store and the last request is to allow for four wall signs on the Gas Station Facility.
Speaking in favor of the requests were Mr. Brett Backus and Mr. Gary Fox from the Woodman’s Foods.
Mr. Backus explained in the history of Woodman’s they have never had to request so many variances for one building. He felt it spoke to the effectiveness of the Sign Ordinance.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue suggested the Commission look at the large amount of street frontage the building had on Howell Avenue.
Mayor Bolender called three times before closing the public hearing. Commissioner Peterson moved to close the public hearing. Commissioner Dickmann seconds. Roll call, all voted aye. The public hearing was officially closed.
Commissioner St. John moved to approve variance request #1 for the east elevation to allow for a 241 square foot total sign area, variance request #2 for the south elevation to allow for a 198 square foot total sign area, variance request #3 for the south elevation to allow for an additional 667 square feet of signage on the south elevation and also variance request #4 to for a total of three wall signs on the south elevation and two Woodman’s wall signs as well as 80 square feet of directional signage the would identify the parcel pickup area.
Commissioner Grabowski seconds. Roll call, all voted aye with the exception of Commissioner Correll who abstained. Motion carries.
Variance request #5 to allow for additional wall signs on the gas station facility was taken as a separate discussion and action.
Sign Appeal Hearing – Woodman’s Food Market & Gas Station
7929 & part of 8201 S. Howell Avenue
Tax Key No.: 813-9011 & 813-9009-004
Commissioner Sokol questioned the rational for having the Pennzoil and Quaker State signs. Mr. Backus explained they needed to effectively communicate to the consumers what the two options are for the quick lube. It certainly is not a source of revenue for the company. Commissioner Sokol questioned if they were getting paid to put a sign up. Mr. Backus stated they were not getting paid. Commissioner Sokol questioned if it was strictly to let people know what they sell. Mr. Backus explained they were trying to sell the product of their suppliers. Commissioner Sokol questioned if this had ever been done in Oak Creek where somebody has put a sign up for products they sell. Mr. Fortin explained some businesses such as the oil change business in front of Kohl’s has Pennzoil signs and most places typically put a sign in the window. It can be seen in other businesses but it usually is a window sign. Mayor Bolender asked Commissioner Sokol if his questions had been answered. Commissioner Sokol stated the answer would be that there is no precedent for somebody putting a sign like that up on a building. Mr. Fortin explained under the City Code they would be allowed to put up two signs and they can say whatever they would like. The Code doesn’t regulate the content of the sign as long as it is describing either the business or a product of the business. The request here is just for the number of signs.
Commissioner Dickmann commented there was plenty of room on the monument sign to add the oil change and not need them on the building. Mr. Backus stated it was communicated to them by staff that the integrity of Howell Avenue and they have tried to be very respectful of the Howell Avenue corridor and not putting unnecessary signage along Howell Avenue. Commissioner Dickmann explained they should somehow take where it said “basic oil change” and try to communicate the two products that could be used for the oil change.
Mayor Bolender stated at this time it would be a good idea to put up the two signs that are legally allowed and if more advertising is needed put symbols of the two products being sold on the monument sign.
Mr. Backus requested clarification on the size of the two walls signs there were allowed under the Code. Mr. Fortin stated they would be allowed 20 percent of the wall area with a maximum of 100 square feet. Mr. Backus stated that would be three times the amount of signage being requested. They are only using 2.8 percent at this request.
Commissioner St. John questioned if there was any other gas station, oil change or car wash that did not have frontage on a street. Mr. Fortin stated there were none that he could think of, most were on a prominent corner or up close to the street.
Mayor Bolender explained if they wanted to put a sign up in the window like Menard’s did that would be allowed.
Commissioner Peterson questioned why the signs were not up in the peaks of the building. Mr. Backus explained he did not think their customers would be looking up at the peaks of the buildings.
Commissioner St. John did not feel the Commission would be setting a precedent with this variance request because of the fact they were not on a roadway. If they were to go to only two signs the two signs would be seven times larger than the proposed sign size.
Mr. Fortin explained part of the variance equation was looking at each property in a separate context. This is a unique situation to have a gas station set back this far from a road. It is up to the Commission to decide if that is something they want to consider as a hardship.
The above additions should be place below the first paragraph of variance request #5 after Commissioner St. John’s comment.
Commissioner Sokol commented to him if this was a sign for their business, it was them he would have a different view on it. He views this as marketing for somebody other than themselves. Maybe they call it information, he does not see it that way and that is a huge distinction for him. He would just not want to see signs plastered all over buildings all around town, telling him what was inside that store. He would not want to see that. It is not directed at Woodman’s; it is a bigger issue than just what is appropriate for this building. It is opening a can of worms that he does not think they really need to get into.
Commissioner Dickmann questioned if when the building was approved the variance was approved on certain conditions and questioned if that would show up in a write up. With the gas station rational it would have to state that it was because the building was set back from the road. He also questioned if they denied the variance, Woodman’s could come back at a later date. The Commissioner could go in and start looking at the sign language for the ordinance and possibly end up start taking into account distances from the road and there could well be a new ordinance.
Mayor Bolender commented they are having different kinds of development in the City, Woodman’s is about the first great big store that is coming in. They have a different situation granted with the gas station but they are going to go along with the ordinances otherwise they might as well just throw all the rules out and make them up as they go along. They need to review the ordinances and the situation with a station selling gas or Coca Cola off of the road has a different situation than the one sitting on the road for advertising purposes. Mayor Bolender suggested to the Commission that they stay at the rules in place already. As of right now this is the way it reads. When we adjust or look at the ordinances at that time they could come back and request more signage. At this point his official position is going to be that the ordinance is the ordinance and we like it, we don’t like it, he understands. These are going to be looked at and we should start checking into this and see where we are going. His vote would be that this is an ordinance and tonight they are going to stick with the ordinance unless the Commissioner feels differently.
Mr. Backus commented if the request for variation is denied relative to number five and it is the Commission’s position that they should adhere to the ordinance and install two signs consistent with their street frontages up to the maximum allowed by the ordinance he would like that to be part of the action at this time. It causes concern that they are a business who in the not to distant future will be closing on a multi-million dollar acquisition of a piece of property. As a municipality changes are going to be made to the ordinances and all of a sudden he comes back after closing on the property and can’t get approvals on the gas station consistent with what was previously submitted because the ordinance may state that now he can’t put Quaker State or Pennzoil on the building even though it is thirty square feet, substantially less than what could have been done under the previous ordinance causes concern. In making an investment in a community the size that they are going to make and have the rug pulled out from underneath them on what is very important to them, the communication of those two products to their consumers is critical to their business and necessary on the exterior signage of the building. He needs those two products on the exterior of the gas station. Mayor Bolender offered them again the solution of interior signs in the windows because of the situation and at this time they are going to stick with the ordinance. If they review the ordinances and feel because of where the location of the building is in relationship to a main street that would be reviewed and they could come back to the Commission.
Commissioner Kopplin questioned if they were proposing to put the gas station and car wash in before starting the major work on the grocery store. Mr. Backus stated they were not. Commissioner Kopplin commented there were two issues, first of all they wanted the gas station on Howell Avenue and they did make a concession to go farther off the road to not offend the neighbors across the street. If the Commission decides to grant this based on the unique situations they would need to thoroughly spell it out why they allowed the signs.
Mr. Fortin commented that any case law is going to say that sign ordinances need to be content neutral. The City can not start going in and regulating what can be said on a sign. The type of sign requiring channel letters can be restricted and the lighting and the dimensions and that type of thing, but once it gets into determining what is on the sign you would find that case law would be on the side of Woodman’s in almost all instances. Mr. Backus stated the last thing he wanted to do was talk to an attorney.
Commissioner St. John felt the Commission should consider the concessions Woodman gave by moving the gas station to accommodate the neighbors and the setbacks of the project as a whole.
Mayor Bolender felt the ordinance needed to be followed at this point in time and if Woodman’s felt the signs were that important they could put something on the inside of the building stating the types and prices of the oil changes.
Commissioner Correll commented that if the Commission was going to follow the ordinance what was the reason for applying for a variance if the Commission was not going to look at each case individually.
Commissioner Sokol felt the signs should not be advertising for another company or brand name. Mr. Fortin explained that case law would not support the denial of a sign based on content. The Commission could restrict the channel letters or the lighting or the dimension.
Commissioner Dickmann moved that the Commission not grant the variance request allowing the total number of walls signs on the gas station to exceed one per street frontage.
Commissioner Grabowski seconds. Roll call, Dickmann; aye, St. John; nay, Sokol; aye, Siira; nay, Kopplin; nay, Bolender; aye, Grabowski; aye, Correll; abstain and Peterson; aye. Motion carries.
House Move – Konstantinos Delios
From 3110 S. Elm Road to 2131 E. Oakwood Road
Tax Key No.: 731-0136 & 731-9983
Mr. Fortin explained to the Commission the applicant was requesting approval to move a house from 3110 S. Elm Road to 2131 E. Oakwood Road. The proposed location of the house meets the requirements of the A-1, Agricultural Zoning District, which mandates a 10-foot side setback and a 30-foot front setback. The Commissions role in the house move approval would be to approve the site and building plans. The approving of the moving route and other details are the responsibility of the Police Department and the Engineering Department.
Commissioner Kopplin and Mayor Bolender expressed concern for the residents along the route of the house move and requested that they be notified regarding the move. Mr. Fortin explained Mr. Delios would be required to notify the residents when a date was set for the move and the telephone and electric companies could verify which properties would be affected by the move.
Commissioner St. John assured the Commission they have thoroughly gone over the route for the move and feel comfortable that the house can be moved if the ground dries out.
Ms. Iline Olson, 2121 E. Oakwood Road, questioned if there was any land filling proposed on the final site for the home because it would cause additional water problems for her property. Mr. Fortin stated the only grading work that would be done on the new site would be for the building pad and the driveway.
Commissioner St. John stated there would not be any fill but they would have to fill to bring the house back to grade which will not affect Ms. Olson’s property.
Ms. Olson also expressed concern for the electric being shut off because they currently have two sump pumps going at all times. Mr. Fortin was not aware of the exact properties that would be knocked out for the move but explained that Mr. Delios would have to have a contingency plan in the event that Ms. Olson would be adversely affected. Mr. Delios stated he would supply Ms. Olson with a generator on a temporary basis if necessary.
Commissioner Siira moved that the Plan Commission approve the architecture and location of the house to be moved, subject to the following conditions:
Commissioner Correll seconds. Roll call, all voted aye with the exception of Commissioner Grabowski who abstained.
Plan Review – Guardian Credit Union Drive Through
7801 & 7821 S. Howell Avenue
Tax Key No.: 782-9048, 782-9047 & 782-9050
Mr. Fortin explained to the Plan Commission the Common Council granted a conditional use permit to allow for a credit union with a drive-through facility. The applicant is now requesting site, building, and landscaping plan approval. The building will be 24,000 square feet and will be two stories. It will be constructed of brick, stone veneer, and glass.
Commissioner Kopplin questioned the retaining wall on the site plan but was not indicated on the landscaping plan. Mr. Fortin explained landscaping plan would need to be modified and reviewed by the City Forester.
Mayor Bolender questioned if there was a berm between the building and Mrs. Wolter’s property. Commissioner Kopplin explained that they were putting a retaining wall instead of a berm. Mr. Joseph Minorik explained the landscaping and how it would help shield Mrs. Wolter from the car lights.
Mrs. Wolter questioned if there was a final decision on how they would be taking the water away from the site. Commissioner Kopplin explained from her understanding they would be taking a pipe and piping the water to Drexel Avenue. Mr. Minorik stated that was the case and the water from the pond would drain to the catch basin on Drexel Avenue.
Commissioner Peterson questioned the access door to the terrace. Mr. Minorik explained due to budgetary constraints they will not have an access door to the terrace area.
Mr. Minorik explained the materials and colors that would be used for the building materials.
Commissioner Siira questioned where on the building the EIFS material would be on the building. Mr. Minorik stated it would be on the corners and across the top. The most predominant surface on each side of the building would be the face brick.
Mr. Mark VerHalen, 1200 E. Ryan Road, questioned if the stormwater for this project and Culvers would share a detention pond. Mr. Minorik stated they would each have there own detention ponds. The stormwater from each of the ponds would drain to the catch basin on Drexel Avenue.
Commissioner Peterson moved that the Plan Commission approve the site, building and landscaping plans for Guardian Credit Union located at 7801 & 7821 S. Howell Avenue, subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carried.
Certified Survey Map – Oak Creek-Franklin School District
3871 Bluestem Drive
Tax Key No.: 962-9011
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would split off a 1.05 acre outlot form the existing school property. After the split, the school property will be 8.0 acres. The outlot would be incorporated into the Emerald Meadows Addition #2 subdivision.
Commissioner Grabowski questioned if there was representative from the School District present at the meeting. Mr. Fortin explained that Dr. Larsen could not make the meeting due to other obligations.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the Certified Survey Map for the property at 3871 Bluestem Drive, subject to any technical corrections being made prior to recording.
Commissioner Dickmann seconds.
Commissioner Kopplin questioned if the cul-de-sac that comes into the outlot was the street that would be put in to make it part of Emerald Meadows #2. Mr. Fortin explained the configuration would be a little different. There would be a reservation that would be taken off when the come in for final plat.
Roll call, all voted aye. Motion carries.
Conditional Use Amendment – Airoldi Brothers
6930 S. 6th Street
Tax Key No.: 734-9021
Mr. Fortin explained to the Commission the applicant was requesting that the existing conditional use for the property at 6930 S. 6th Street be amended to allow for inflammable gas and liquids storage in excess of 5,000 gallons as an accessory use. The underground fueling tanks would be located just south of the building and would have a fuel capacity of 20,000 gallons.
Commissioner Grabowski questioned if this would open up the door for other facilities to come in ask for something similar. Commissioner St. John commented anybody can ask for a conditional use. The question is how many operations in the industrial park have these already. Mr. Fortin stated some of the trucking facilities do have the fuel storage.
Assistant Fire Chief George Krudop pointed out UPS does have a fuel island.
Commissioner Dickmann asked if the refueling tank would be in front of two of the overhead doors. Mr. James Airoldi explained the loading dock doors would be closed off in front of the fuel tanks.
Commissioner Dickmann questioned if the use of the building would stay the same. Mr. Airoldi stated at this point it was a docking facility and they would be using it for maintenance also for the trucks.
Commissioner Kopplin thought the repair of vehicles was a conditional use. Mr. Fortin stated it was a conditional use under the M-1. This property has an old zoning of M-2 attached to it. The Commission could clarify things by adding a conditional use allowing for the maintenance if the Commission so chooses because the M-2 special use is no longer in existence. Attorney Haskin has determined that with the old zoning ordinances you have to go back to what was allowed in the M-2 at that current time which would have allowed for the truck repair. Under the current ordinance you would not be able to have a truck repair unless you have a conditional use.
Commissioner Kopplin questioned if there would be any other companies using the fueling station. Mr. Airoldi explained it would only be used for the service and maintenance of their company trucks.
Commissioner St. John questioned if there was a chance this could be an above ground tank. Mr. Airoldi stated it would not be above ground. Mr. Brian Wellsfry explained that diesel fuel was very touchy in the winter time. The underground tanks allow the ability to keep the fuel warm in the winter and keeps condensation from the tank and it would be safer underground. Commissioner St. John questioned the fuel consumption per week. Mr. Wellsfry stated they use about 7,500 gallons a day five days a week.
Commissioner Correll moved that the Plan Commission recommend to the Common Council that the conditional use amendment to allow inflammable gas and liquids storage in excess of 5,000 gallons as an accessory use for the property at 6930 S. 6th Street is approved after a public hearing and subject to conditions and restrictions that will be prepared for the Plan Commission at the next meeting.
Commission Peterson seconds. Roll call, all voted aye with the exception of Commission Kopplin who abstained. Motion carries.
Plan Review – McDonald’s Restaurant
9441 & 9471 S. 13th Street
Tax Key No.: 877-0993 & 877-9002
Mr. Fortin explained to the Commission the applicant was planning on razing their existing restaurant and constructing a new McDonald’s in its place. They are requesting site, building, and landscaping plan approval for the new building. The building 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 building will be constructed of brick, split face block and glass. Rooftop mechanicals will be screened with the parapet walls. The new dumpster enclosure will be brick to match the new building.
Mr. Steve Jeske, Haag Muller, Inc. explained the look of the new building and the types and colors of the building materials to the Commission. He also explained the way the drive-through and the parking lot situation would work.
Commissioner Sokol questioned the proposal for the parking lot if they were to lose an entrance. Mr. Jeske stated the far north entrance would be used as the new entry point. The existing entry to the restaurant would be kept open. The existing drive way to the north of that would be closed off and become green space.
Mr. Jeske stated the construction would be done in two phases. The building will be done in the fall and the driveway would happen in the spring or early summer next year.
Commissioner Dickmann commented the signs that are depicted in the plan would not be allowed. Mr. Jeske stated they would come back for signage and they were not asking for sign approval at this time. They will present two options at that time.
Commissioner Siira commented it was a warm color scheme and questioned why they would add a grey cold block color. Mr. Jeske explained that there were certain architectural items that were dictated by corporate and that was one of them. If for some reason the Commission would not allow for the grey color he would have to go back to corporate and let them know what you want.
Commissioner St. John questioned if the box on the top was for the HVAC. Mr. Jeske stated it was actually a tower on the other side of the building. The parapet heights on the building were about five feet. If there are screening requirements by the community written in to the zoning it can be added as a condition that any visible units would be screened.
Commissioner Sokol moved that the Plan Commission approve the site, building, and landscaping plans for McDonald’s, subject to the following conditions:
Second concurs. Roll call, all voted aye. Motion carries.
Commissioner Correll moved to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. The meeting adjourned at 9:45 p.m.