MINUTES OF THE
TUESDAY, JUNE 13, 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 Kopplin, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Commissioner Siira was excused. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of May 23, 2006 Plan Commission meeting. Commissioner Dickmann seconds. Commissioner Sokol requested additions to the minutes for the Woodman’s sign appeal. First and second concur. Roll call, all voted aye. Minutes were approved with changes.
Report on Significant Common Council Actions
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the June 6, 2006, Common Council meeting. There were no comments or concerns from the Commissioners.
Conditional Use Permit – Gasoline Service Station and Car Wash
10271 S. Chicago Road
Tax Key No.: 918-9938
Mr. Fortin explained to the Commission the applicant was requesting a conditional use permit to allow for the construction of a gasoline service station, convenience store, and car wash for the property at 10271 S. Chicago Road. Staff is not entirely opposed to the construction of an attractive gasoline station at this property, having both a gas station and a car wash given the site size, proposed layout, and access issues, is problematic.
Mayor Bolender questioned what type of station this was going to be. Mr. Frank Richardson, Arch Design Ltd., stated it was most likely going to be a Mobil but it had not yet been decided. Mayor Bolender commented there was too much on the property. There would be a high end subdivision across the street and he would like to see a high end building and eliminate or move the car wash as staff has recommended. Mr. Richardson felt what they were proposing worked on the site and they feel there is more than enough space on the site to accommodate the car wash. They are willing to do things to upgrade the appearance of the site such as an upgrade on the canopy or a pitched roof on the canopy. Mayor Bolender questioned why they brought forward these plans if there were things they could do to make this better. Mr. Richardson commented that he was not previously aware of the subdivision going up across the street. Mayor Bolender stated it was too crowed and he did not care for the fashion of the garage. He would like to see an upscale high-end looking building not the standard “whatever we can get away with”. Mr. Richardson did not feel it was a standard building, they feel it is an upgraded building with the tower element and with the materials that they are going to be using.
Mayor Bolender stated he would like to see the building on the back of the lot so that it is not in everybody’s eye sight as you travel down Highway 32 or the neighbors across the street or to the south or to the north. Mr. Richardson commented they felt they did place the building towards the back of the site and did not know how much farther back the building could go. By placing the building and the car wash the way it was placed on the site plan it would shield the residents on Oakwood Avenue from the canopy and from the noise that would go on at the pumping location.
Mayor Bolender questioned if they would be able to control the flood of lights from the site onto the neighboring properties. Mr. Richardson stated most definitely so. The fact the canopy is back 42 feet and with extensive landscaping along Chicago Avenue they could bring the lighting level to probably zero at the property line.
Mayor Bolender questioned if Mr. Richardson had conducted any neighborhood meetings. Mr. Richardson did not have any meetings. Mayor Bolender suggested they schedule a neighborhood meeting with the Alderman and neighbors.
Commissioner St. John commented that with the DOT not allowing a second access there was clearly too much on the site for the traffic that could be on the site. Mr. Richardson felt there was adequate circulation for RV’s and vehicles with trailers. One of the things they would propose to do would be to request a cross access easement with the property to the north when it develops.
Commissioner Grabowski questioned if Mr. Richardson would be willing to relocate the convenience store and the fuel pumps and remove the car wash. Mr. Richardson explained that they had downgrade the site from what was originally proposed because they originally had a restaurant on the site and they were asked to take that away and they did and they feel the car wash is an essential part of this project. They would look at flipping the building and the pumps however they would then be putting the back of the building facing Chicago Avenue. Because of the setback requirements along Chicago Avenue it would put more pavement farther to the west possibly reducing the size of the retention pond. It would also put the light and the noise to the residents along Oakwood Avenue. They have looked at that in the past and they felt the site seemed to work best the way it is currently laid out.
Mayor Bolender was nervous about the proximately to Fire Station No. 2. With only one entrance to the site they have the potential to plug the road when they pull an engine out of Station No. 2. Assistant Fire Chief George Krudop commented it does not appear there is enough room on the site to maneuver large trucks which could propose a problem.
Mayor Bolender directed the item held until a neighborhood meeting could be held with Alderman Toman.
Temporary Use – Edgerton Contractors Pavement Crushing Operation
9540 S. Pennsylvania Avenue
Tax Key No.: 910-9984 & 910-9985
Mr. Fortin explained to the Commission the applicant was returning from the May 9, 2006 meeting where the item was held so staff could review items submitted by Bruce LePine as required under the existing conditional use permit. Staff has reviewed the items required and the plans address all of the conditions and restrictions. At the request of the applicant the LePine item has been put on hold until all involved parties could be in attendance. In regards to the Edgerton Contracting application staff feels it should not be allowed to crush beyond the 20 days allowed under the conditional use permit for LePine.
Mayor Bolender questioned the length of the time being requested for the crushing operation. Mr. Pete Davis, Edgerton Contractors, explained they would crush the material that was currently on site and the material would be gone by November 1, 2006. Mayor Bolender questioned if it would take until November to crush the material currently on the site. Mr. Davis explained the crushing would be done in about a month and a half. Mayor Bolender stated the idea was to get the pile of concrete on the site gone for the neighbors and to minimize the traffic on Highway 100 by having the material crushed before trucking it out of the site. Mayor Bolender also stated that it would reduce the traffic by 40 percent if it was crushed before it left the site. He stated that he monitored the crushing that was allowed from the last temporary use and he was satisfied with the operation being quite and dust free. Mr. Davis stated it would be the same machine that was used at the site last fall. Within three weeks the pile would be down to where they would not be visible anymore and about a third to half of the material will be gone.
Alderman Lampe questioned if it would only take three weeks to get rid of the pile then why did they need the conditional use until November 15. Mr. Davis stated it would take about a month and a half to crush the pile and as much as three months to get all of the crushed material removed.
Alderman Lampe questioned the reduction of truck traffic. When the pile of concrete was gone there would be an empty space and then the neighbors would have the additional trucks going by to replace the concrete. Additionally they would have Woodman’s requesting a temporary crushing permit to crush what is going on at the old Delco facility which has been requested to be done at LePine also. Once these are granted and it is not in the best interest of the neighbors, she was afraid the best interest of the neighbors would become the backseat. Edgerton Contractors should not have counted on this recycled material in their bid before they knew whether or not it would be allowed.
Ms. Diane Hoffman, E. Forest Lane, questioned why they were not invited to previous meetings regarding this item. Mayor Bolender explained the notification area was expanded for this item by the Alderman. Ms. Hoffman explained the quality of the air in her house and the noise, the foundation, and the water have drastically changed in one year. Last year she spoke with Mr. St. John and he came over and showed her a letter from Musson and she was not advised that they were given permission to change what outlines were given to Mr. LePine. She questioned when the conditional use was given and why she was not notified. She believes it is not temporary because they have been crushing for a long time. Mayor Bolender explained the crusher was only there during the period of time allowed and it was stopped exactly at five o’clock on the last day of the permit. Ms. Hoffman questioned what fines are given if there are violations to the permit and also questioned how many fines have been given to this point. She also questioned if the DNR had been called in to look at the site because the site plan makes it look like a nature preserve but it does not look like that now. The concrete and the bull dozers were twenty feet over the trees and she would like to know what fines they have received. Commissioner St. John explained this was off subject but the limitations on the LePine operation do not carry to the Musson operation. The Musson Brothers had a temporary permit and had their own set of restrictions that were different from LePine.
Ms. Hoffman questioned if Musson was temporary why have they been going for a whole year. Commissioner St. John stated they have not crushed since October 2005. Mayor Bolender explained the crushing was stopped and the crusher was removed from the site the day the permit expired.
Commissioner Correll felt it was important to inform Ms. Richardson that the Musson could have gone up and down the highway because of the State Highway reconstruction and it was allowed to limit the disruption to residents along Highway 100. Commissioner St. John commented it was a better choice for all involved. There was not any height restrictions imposed with the Musson temporary use. Ms. Hoffman questioned the significant benefits for the neighbors because there has not been any benefit. She has had cracks in her concrete since the height of the concrete was allowed. Mayor Bolender explained the Commission tried to eliminate the noise and dust from the residents and he personally monitored the operation and he did not see or hear what Ms. Richardson was hearing or seeing with the Musson temporary use. Ms. Hoffman questioned who was monitoring what was being put into the hole. Commissioner St. John commented based his request of records from them he would not say there is any regular checking going on. It would be periodic at best. Ms. Hoffman was bothered by that information because it was affecting her air quality and the water tables in the area have changed. Commissioner St. John explained that under the LePine permit nothing has been crushed the crushing was done by Musson that different restrictions than what was being referred to at this time as being violated.
Ms. Leann Spahn, 3010 Forest Lane, commented it was about a three years ago that Mr. LePine was given the permit that allowed him to begin operation. The neighbors brought forth all types of questions regarding the noise and the dirt. The dirt in the area is terrible and leaves a film on the house. She is currently experiencing problems with her well. The neighbors were against Mr. LePine’s operation. She believes that the 300 foot rule should be eliminated because the dust and the noise goes way beyond 300 feet and more people should have been notified. Mayor Bolender commented that they have been working on Highway 100 for over a year and there is a lot of noise and dust coming from that construction project. There is also dust and noise coming from the trucks going to and from the power company project. This meeting is about giving Edgerton a crushing permit to get the concrete out of the LePine site. Ms. Spahn is worried the crushing permits are never going to end in the area. Mayor Bolender assured her he was trying to get the concrete off of the site and then Mr. LePine can finish what he was supposed to have started with the berm and the site. Ms. Spahn questioned how many variances the City was going to allow the crushing. Mayor Bolender explained that was not the question at the moment but how to get the cement off of the site so the neighbors do not have to look at the pile. Ms. Spahn suggested not letting him bring more concrete on to the site. Mayor Bolender explained that would put him out of business and unless she was willing to purchase his property that was not an option. Ms. Spahn stated it was a mistake by the City not to let the State buy the property and put a preserve on the property.
Alderman Lampe reminded the Commission the concrete was on the site because Mr. LePine allowed it to come on the site. He is responsible for the contents of his site and he is not the victim. Mr. LePine promised the neighbors significant change to the neighborhood and that never happened. Mayor Bolender questioned what should be done with all the concrete on the site. Alderman Lampe stated he should not have been allowed to bring it on the site in the first place. Mayor Bolender explained he needed to look at the big picture. Alderman Lampe questioned how many times Mr. LePine was going to get a pass to do whatever is a benefit to him. The businessman who is not a responsible businessman needs to be held accountable.
Ms. Natalie Sebald, 2829 E. Ryan Road, commented she works third shift and she is trying to sleep during the day and she has not had a problem with the dumping and noise. Mr. LePine has been very accommodating and has asked if we were having any trouble with the noise. We did not have a problem with the level of noise at the time but Mr. LePine thought it was to loud and moved the machine so there would be less noise directed towards our house. He will work with any concerns the neighbors have. Mr. LePine has not worked past 7 o’clock. It is her opinion the noise and dust are coming from the Highway 100 project. Mayor Bolender agreed with that but it was part of the construction and there was nothing they could do about that noise. Ms. Sable also commented the City has been very good about notifying them about any meetings.
Mr. Mike Sebald, 2829 E. Ryan Road, commented he was a neighbor and had no problems with the operation and questioned where the neighbors were that had a problem with the operation. He also commented that the preserve other neighbors were talking about was his property and he was glad that they enjoyed his property but it is a buffer for them from the LePine’s and they felt the LePine’s have done a fine job with the noise levels. He also commented he wished Alderman Lampe would have come and talked with him. Alderman Lampe commented Mr. Sable had a relationship with the LePine’s that the other neighbors do not. Mr. Sable felt the application should be approved.
Mr. Gary LeMaster, 2730 E. Ryan Road, commented he was a close neighbor and had to move about 80 jobs to Milwaukee because he could not get water to his site. If the City could get water to the LePine site he could do what the City has requested of him. He also stated he was promised water from the Planning Department and they have never received it. He could return jobs to the City if he was provided with water. He stated he has a crusher on his other facility and there is not any noise coming from the grinder and has not received any complaints. He has never had any problems with the LePine’s property.
Alderman Lampe stated there was never any talking of throwing Bruce out or putting him out of business. There was a set of guidelines that were established and voted on by Plan Commission and he was to abide by those guidelines. As far as running the water there is no one who has said they would not run the water if Bruce is willing to pay the cost of the water. Nothing has changed in regard to the original permit and continually giving temporary use permits that are against what the conditional use permit said is what needs to be considered at this time. Mayor Bolender commented they need to consider that the concrete needs to be moved. It needs to be crushed and removed from the site and then make Mr. LePine come through with what was on his conditional use permit before anything else is done.
Alderman Lampe questioned if Mr. Fortin was approached by Woodman’s as far as crushing over at the LePine property. Mr. Fortin stated there was just an inquiry as to whether that would be allowed. He further explained the options of applying for a temporary use permit or having Mr. LePine do the crushing under the terms of his conditional use permit. Alderman Lampe cautioned once going down that road how do you make the distinction as to why you allow one and not the other. The Highway 100 project was a direct benefit to the people right on the road. This is drifting a little further away and she wonders when the Commission will say this one is not allowed because of something. She is very concerned with the way things have been going. Mayor Bolender explained the concern he has is with what is already there and what is staying there and he would like to get it crushed and off of the site so that Mr. LePine can get done with his requirements.
Commissioner Grabowski commented when doing temporary use permits they needed to be very careful because they did not want to get into a situation where they are setting precedence. If Woodman’s is out there looking to do something similar there could be an issue. She questioned if all of the terms for the conditional use permit have been met. Commissioner St. John commented they still have the unknown of the water, the sewer and the fire protection plan. The rest has been submitted and all of the documents have been complied with. Mayor Bolender stated the water and sewer should be laid on the City’s shoulders if they want water and sewer in there.
Commissioner Grabowski questioned if the terms of the conditional use permit have not met when do they foresee that this will be done. Commissioner St. John explained the documents have been submitted and staff has gone through them and they are scheduled to come to the Plan Commission. Mr. Fortin explained they were scheduled to be on this agenda but Mr. LePine requested holding off until all parties involved could be in attendance. Commissioner St. John stated Mr. LePine was not operating under the conditional use. He sent a letter about a year ago stating that until he comes into compliance with the approved plan of operation and site he could not operate under the permit. The only activity on the site is that which is covered under his landfill permit with the State.
Ms. Hoffman again questioned what consequences will be suffered and has he been in violation of any. Mayor Bolender stated evidently none. Ms. Hoffman then questioned who monitored him. Commissioner St. John explained he has not been operational for three and a half years under the City’s conditional use permit. If he violated anything it would have to be the State Landfill permit. Ms. Hoffman questioned if the DNR was brought in. Commissioner St. John explained back when he wrote the first letter and Jeff last week, they are trying to find a responsible party at the DNR and they are not having any luck. Ms. Hoffman commented she wanted to be very respectful of her neighbors, the people who live on Ryan Road, to her this is not a financial thing like she is hearing it is for the City. This is about the quality of life that they live in at their home. She is not exaggerating the things and she is sorry that people feel differently. This is a very serious situation; she has a patio that is cracked, and a problem with her foundation. Perhaps the other neighbors are not affected by the mountain of concrete as her property is and would like engineers to look into the situation. Other neighbors stand to gain financially from Mr. LePine’s business but she in not gaining financially. The quality of her home is suffering. She understands that the Mayor lives on Ryan Road and there are a bunch of things going on. She is not talking about that. She is not financially compensated like other neighbors for working with Mr. LePine. Mr. LePine and Mr. Musson have never visited her home and they are not mutual friends of hers nor do they borrow her machinery and trucks and bring over gravel. That is what is going on in this situation.
Mr. Ron Weinhold, 3323 E. Ryan Road, commented like the Mayor he also looks down on Highway 100 and his home has had a lot of effects from the construction that is taking place on the road. The topic keeps wandering off from the issues and we are trying to get rid of something that apparently was left there from Highway 100 construction and it did not get used up during the process and the permit ran out. At this time they are trying to get a permit to get it cleaned up so Mr. LePine can go about doing his business. He has not done anything yet. Mr. Weinhold is all for the 40 percent less loads coming past his home.
Mr. Dennis Schulte, 3718 E. Ryan Road, added that the Marquette interchange is crushing the whale wall right there downtown and if it was causing problems he did not feel it would be going on at the site. He has done work for Mr. Sable and has been paid for the work and does not know where the favoritism or freebies is coming from but he is paid for everything he has done and he has hauled product out of LePine.
Commissioner Kopplin questioned if it was possible not to set another precedent and give them the temporary use permit so he could get the concrete of the site with a stipulation that there would not be any further variances for crushing until the site is brought into complete compliance. That would solve the problem. Then she questioned if more concrete was being proposed to be brought onto the site for crushing for this operation. Mr. Davis stated under the permit that would be granted to Edgerton Contractors there would not be any additional concrete or asphalt onto the site. Commissioner Kopplin commented that it should also be specified at this time that Mr. LePine is not allowed to bring anymore product in until everything is brought into compliance. That would be a fair solution to get rid of the concrete and make sure that no more is coming in either by Edgerton Contractors or another source.
Mr. Doug Seymour, Director, commented he had a fresh perspective not having gone through the entire discussion. For him the answer is simple in his mind. What is trying to happen here is someone is trying to circumvent the issuance of a duly authorized conditional use permit through a series of temporary use permits. If he was a Council person he would be very upset about that situation.
Mr. Del Nirode, 3121 E. Ryan Road, questioned if the Commission was saying that the City now has the authority to enforce the original conditions and restrictions that were developed to control his property. Commissioner St. John explained until he gets site approval and his plan of operation, the conditional use permit of the City will not be active and he does not have those at this time. Mr. Nirode questioned if the City had any control of what was going on there at this time. Commissioner St. John stated the DNR had the control. Mr. Nirode then questioned what the Commission was discussing at this time. Mr. Fortin explained the City would have the control over the temporary use. The Plan Commission has the authority to grant or deny a temporary use. The City would have control over anything that happens under the temporary use permit.
Mr. Nirode questioned who would enforce the temporary use. Mr. Fortin stated the City would enforce the use, specifically Commissioner St. John.
Ms. Hoffmann questioned if the DNR has been to the site. Commissioner St. John stated they have been at the site periodically. Ms. Hoffman questioned if Planning and the Mayor were the only ones monitoring the site. She wondered why there were no experts taking tests or monitoring the soil or looking at the wetlands. Mayor Bolender explained that he would stop his truck and turn the engine off and if he couldn’t hear anything or see any dust or smell anything it was a pretty good indication that there wasn’t anything. It was done at three different locations and right on the property over a course of four days. Ms. Hoffman stated there needs to be someone monitoring the site for what is being put in there, for the noise, the air quality, the soil and for the wetlands. She cannot believe that there is no engineer or DNR person for three years. Mayor Bolender explained the DNR is not responsible to the Mayor of Oak Creek. Ms. Hoffmann believes that there is some sort of fault line from the LePine property to hers that is causing the cracks in her patio.
Mr. Bruce LePine, 9540 S. Pennsylvania Avenue, commented there was a pile of dirt on the property 22 feet taller than the Oak trees when he bought the property that had been there for years. The pile of dirt was much bigger than the pile of concrete and should not have caused any damage to her property.
Alderman Lampe questioned if both items were on the agenda and the site plan was first could the Commission even consider the temporary use because the conditions would be in effect. Mayor Bolender stated he wanted the pile of concrete moved to try and make things better for the entire neighborhood. Alderman Lampe stated that the concrete does not have to leave the site for it to come out of view of the neighbors. After that he could crush during the winter and follow all of the rules. Mayor Bolender does not understand the problem with getting the material out of the site and getting this site either in compliance or disappearing. Alderman Lampe stated the 40 percent reduction would be replaced by more concrete down the road for another project under his conditional use. You are not going to gain 40 percent less truck traffic it would just be at a later date. Mayor Bolender felt that Commissioner Kopplin had a good idea and if the concrete could be moved and tell Mr. LePine that he must get everything in place before one more ounce of anything comes into the site would be fair to both parties. Mayor Bolender was trying to find a way to get the concrete removed to get the pressure off of the fault line as Ms. Hoffman describes it and get this thing resolved.
Commissioner St. John commented that he was in a difficult position because until a zoning administrator was hired he would have enforcement and if he would vote on this if it comes to a vote there may be a perceived bias on his part so he would be abstaining on any vote.
Commissioner Grabowski questioned if Mr. LePine had a problem with extending the water and sewer. Mr. LePine stated he did have a problem with that because he has received permission from the DNR to put a well in because he is only building a 1,000 square foot building and the sewer is out in the road and there is contaminated ground from the landfill across the street. He is proposing a holding tank on the property because the sewer and water would cost five times more than the building. Commissioner Grabowski questioned when the Commission could assume that all of the conditions would be met and the residents and the Mayor’s concerns will be answered. It seems that the City keeps prolonging this. Can an individual come back and ask for several temporary conditional uses and variances and when do we see finality in this. Mr. Seymour explained that he was not going to assume anything and he would not assume that the conditions are met until he can demonstrate to the City that his conditions are met and that he has complied with everything that the Common Council has required him to do under his conditional use permit. To answer the second question, the requests for temporary use will stop when the Commission stops allowing temporary uses.
Mayor Bolender commented the idea was to get the concrete out of there. The trucking is being disagreed upon with himself and Alderman Lampe. He feels there will be less trips up and down the highway if it is crushed first. The idea is to make LePine come into compliance with what he is supposed to do with that property. Mayor Bolender stated that has to be taken care of. This is the end of the line. Mr. Seymour questioned how Mr. LePine got out of compliance. If he got out of compliance why did he get out of compliance and who is responsible that he got out of compliance and who is responsible for rectifying the situation to see that he gets back into compliance. The fact that the pile exists, everyone wants to rectify that situation but whose responsibility is it to rectify that situation. Mr. Seymour would like to see things get done but he has not seen anything to suggest that the terms of the conditional use permit are being taken care of. Mayor Bolender trying to clarify questioned if he would get a permit for Edgerton to crush and get it out of there and then that is the end of the line for any conditional use. You can’t keep coming back to the well. The idea is to solve the situation and get things finished. Mayor Bolender commented they would be going past his house with those extra trucks if crushing was not allowed. Mr. Seymour explained it was the actions of Mr. LePine that was resulting in that not the actions of the Plan Commission.
Mr. Davis commented Mr. LePine absolutely no control over how the concrete came and left his property last year. Mr. Seymour stated as a property owner he has that control and responsibility. Mr. Davis explained he took the concrete earlier in the year for the project and the project was delayed and never got finished. The concrete was already on the site. Assistant Fire Chief George Krudop commented as a point of corrected that during a fire inspection more concrete was delivered to the site about thirty days ago. Mr. Davis explained that Musson violated the permit conditions and Mr. LePine had no control over what Musson did after the project got delayed. Musson did not violate there permit, they stopped it on the day they were supposed to. Mr. Seymour explained the point he was trying to make was if he was a property owner and if he would have a hundred foot tall pile of dirt on his property he would be responsible for the pile regardless of how it got there. Mr. Davis commented because Mr. LePine’s conditional use permit has not been in force he has not been able to crush in the winter time and many of the things that he was required to submit to the City as part of his conditional use permit took an awful long time because of the difficulty.
At this point some of the discussion was not recorded because of a malfunction with the tape.
Ms. Hoffman questioned if Edgerton was allowed to come in would she have to listen to this from 7 in the morning until 5 o’clock at night all summer long. Everyone is worried about the money and no one is worried about the residents.
Commissioner Kopplin explained you would need to know the whole history of the site. The site originally was owned be DeRoso and the huge pile of dirt was from the Borrow site but it was not the kind of material they could use to cap the landfill. When they finally did dig out and get what they needed to cap you had this big hole. The DNR was there monitoring and the City could not issue a landfill license to them. The DNR came back and said that they had the control of that. Other landfills in the City if one goes up, the Council and the Plan Commission and Engineering monitor the site. Plans are brought in and the City monitors the site to see that the filling is taken care of and the permit needs to be renewed every year. This particular site was handled by the DNR and the City had no control over the landfill. The DNR has stated they are not monitoring everything that goes into that hole. When he came to the City to ask for this operation on site is when the control could come to the Council after all the plans are approved.
Commissioner Peterson questioned if the crushing operation could start later in the season rather than earlier to appease the neighbors. Mr. Davis stated once they started crushing they would crush everything.
Commissioner Dickmann moved that the Plan Commission not approve the temporary use of the properties at 9540 S. Pennsylvania Avenue for the purpose of pavement crushing for the WE Energies Generation Station and DuPont/El Paso Bluff Stabilization projects.
There was no second, the motion failed.
Commissioner Correll moved that the Plan Commission approve the temporary use of the properties at 9540 S. Pennsylvania Avenue for the purpose of pavement crushing for the WE Energies Generation Station and DuPont/El Paso Bluff Stabilization projects with conditions 1 through 7.
Commissioner Grabowski seconds.
Mr. LePine questioned what does compliance mean, that every tree needs to be planted and every rock put into its place or the plan is approved by the City. Also, the landfill is still going and now the Plan Commission is saying that I can’t bring in any more material. What about the landfill? Mayor Bolender stated the landfill was DNR and the City could not regulate that operation. Commissioner Dickmann clarified they were talking about concrete material to be crushed as part of the temporary permit. Mr. LePine stated he was bringing in concrete for his landfill. Commissioner Correll explained his intent of the motion was that the site be in complete compliance. Mr. LePine stated complete compliance…the berms are almost 90 percent completed. Does the Commission want the trees and grass growing and everything before he can bring in another piece of concrete? Commissioner Correll stated the motion states no further temporary use beyond this one without complete compliance. Which means everything that was agreed to four and a half years ago is completed. Mr. LePine explained the problem with the compliance part is he doesn’t have the complete compliance on paper yet. He still needs to get variances. Commissioner Correll explained there would be time to work with the City before another temporary use comes before the Commission and has any chance of passing. Commissioner St. John questioned if in the conditional use permit after he gets a plan of operation and a site diagram approved he has eighteen months to complete the landscaping and the berms and the other activities on site. Is the motion saying he can’t bring anything on site until after the eighteen months or until after the Plan Commission approves the plan of operation and the site plan? Commissioner Correll explained the point of the motion is that before any other temporary use for crushing beyond what he is allowed with his twenty days he would need complete compliance. It has got to get finished. He does not want to turn around and listen to Woodman’s or who ever else comes through, that is the point of the motion. Commissioner St. John explained it was the condition where he could not bring any other material on site until he was in complete compliance. Commissioner Correll would be amendable to: 8. No additional concrete brought on site until he has an approved plan of operation and a site plan. Commissioner Correll agrees to the change in the condition. Commissioner Grabowski concurs.
Mr. LePine stated the Commission could not restrict him on bringing in stuff because it was DNR regulated. Mayor Bolender stated no more cement. Mr. LePine stated it was DNR regulated.
Commissioner Kopplin questioned what he was doing with the cement the DNR was regulating. Mr. LePine stated the hole was being filled with the cement. Mr. LePine stated he would agree to no more temporary permits for concrete crushing as long as they don’t have a site detailed plan approved. He agrees with that because he wants to get the concrete pile off of the site.
Commissioner Grabowski questioned if Mr. LePine could go ahead and do some type of landscaping. Mr. LePine stated he could not do the berm until he gets final approval because the Commission might not like where he was putting the trees. Commissioner Grabowski questioned why that could not be going on at the same time. Mr. LePine stated it was all completed. Commissioner St. John stated it was under review and would be coming forward to the Commission in a couple of weeks.
Commissioner Sokol questioned who owned the concrete that the Commission was being asked to determine if it was going to be crushed or not. Mr. LePine stated he owned it because it was on his property. Commissioner Sokol questioned if they could put it into the hole. Mr. LePine stated he could. Commissioner Sokol questioned why he was not doing that. Mr. LePine questioned why he should waste the resources. Commissioner Sokol questioned why he would want to bring in more concrete on the site if he doesn’t want this concrete on the site why would he want to bring more on. Mr. LePine replied he had customers and he has people begging him to take the concrete. He has the City to thank for that because the City of Oak Creek has grown so much. There are other sites in Milwaukee that they closed down that they are redeveloping the property. Commissioner Sokol stated he was upset that he wanted to bring more concrete onto the site when he wants the Commission to approve the temporary use permit to crush the concrete currently on the site to get it off of the site. It sounds like you are being a little fickle. Mr. LePine explained he was bringing concrete on the site for his landfill so he can build a base underneath there because he has 42 feet of water and you have to put concrete in with the dirt or it turns into nothing but mush. Commissioner Sokol stated he was going to vote for Mr. LePine but the fact that he is not being told he wants to be able to bring more concrete onto the site to fill the hole that you don’t want to put this concrete into is upsetting him. Mr. LePine explained one of the problems is where the pile of concrete was for Musson’s location and where he is putting in all of his storm sewers and everything else he did not want to put concrete in that area because he has to put all the pipes and utilities and everything else. Now to get to his pond where he is filling he has a pile of concrete in the way. Commissioner Sokol stated if the panel wanted to allow Mr. LePine to put more concrete onto his site he would be voting no.
Mayor Bolender simplified one that he wanted the concrete moved but he did not want Mr. LePine to be taking concrete that he would be back in front of the Plan Commission asking for another permit which he would not get. Mr. LePine needs to fulfill his obligation of four years ago and Mayor Bolender wants that fulfilled be for continuing down the road of LePine Enterprises and Oak Creek. Mr. LePine stated he understood but the DNR was taking six months for one permit alone. Mayor Bolender stated they would talk to the DNR because of the questions raised by the neighbors in regards to his site. If he was going to crush this fine, crush it and get it out of there. You are not going to crush so much as a Girl Scout cookie until he comes into compliance with the City. Mr. LePine stated he wanted to get the material crushed so he could get to the back side of the berm and grade it off. Mayor Bolender stated he wanted the berms completed and the planting completed and the sewer and water or whatever else was needed before he was going to start up an operation. Mayor Bolender stated this was the end of the line there would be no more permits for crushing. Second Mr. LePine needs to get the site completed so that LePine Enterprises was complete. Work with who ever needs to be worked with and get it done.
Commissioner Kopplin stated that Mr. LePine has agreed to not bring in any concrete until he was in compliance and suggested that the Commission get something in writing that he agrees to that condition because the City cannot supercede the DNR.
Mr. Nirode commented if the Commission allows the crushing to take place he hopes they are not allowing crushing to take place on Saturday and Sunday. Mayor Bolender stated it was not allowed the first time. Commissioner Correll stated it would be one of the restrictions.
Commissioner Correll moved that the Plan Commission approve the temporary use of the properties at 9540 S. Pennsylvania Avenue for the purpose of pavement crushing for the WE Energies Generation Station and DuPont/El Paso Bluff Stabilization projects subject to the following conditions:
Second concurs.
Alderman Lampe questioned the use of variances in condition No. 7 because he would be applying for variances in the approval process.
Commissioner Correll agrees to eliminate “variance” from condition No. 7. Second concurs.
Roll call, Dickmann; nay, St. John; abstain, Sokol, aye, Kopplin; aye Bolender; aye, Grabowski; aye, Correll; aye, Peterson; aye. Motion carries.
Development Moratorium
Vicinity of West Drexel Avenue and Interstate 94
Mr. Seymour explained to the Commission staff was recommending that a moratorium be imposed on the processing of any request to amend the zoning map or the Official Map and that the moratorium be extended also to the processing of any certified survey map, subdivision plat or development of any kind. With the area are parcels that take access from West Drexel Avenue in the vicinity of a planned interchange with Interstate 94.
Commissioner Grabowski questioned if the Community Development Authority has had any discussions regarding the moratorium in the last 30 days. Mr. Seymour stated they have not. It is a subject that could be discussed by the CDA but it is a land use issue and the Plan Commission is charged with making and recommending land use decisions for the City of Oak Creek. The CDA does have something to add and he suspects that they will add as part of the process but their involvement is more in the economic development front and the City relies on the expertise of the Plan Commission to make their recommendation with respect to pure land use decisions.
Commissioner Grabowski questioned if the residents were notified of the WisDOT conceptual layout of the I-94 in regards to the last meeting at the West Middle School. Mr. Seymour explained he could not speak to the mailing list for the I-94 corridor because it was a State project. Commissioner Grabowski explained the reason she questions the notification area is because they had several conceptual layouts as to what the conceptual layout might be and if Oak Creek is looking to do the Drexel Interchange it would really behoove the Commission to make sure the residents are given a fair opportunity to be heard. Mr. Seymour agreed.
Commissioner Peterson questioned if there were any current proposals or projects that the moratorium would impact. Mr. Seymour stated there was a proposal out there that is in various stages. We have requested additional information from a landowner who has submitted a conceptual plan or preliminary plat for a residential single family subdivision with ¼ acre lots at the northwest corner of 13th and Drexel. Mayor Bolender questioned the size of the lots. Commissioner Peterson questioned if it would impact anything that was currently being constructed. Mr. Seymour stated to his knowledge it does not. In speaking with the City Attorney verbally he has stated the submittal of a preliminary plat does not vest anyone with the right to develop under the current zoning.
Commissioner Grabowski questioned why the intended route for the Drexel Avenue interchange for the Plan Commission to see what is being proposed. Mr. Fortin showed Commissioner Grabowski where on the graphics in the staff report the three options for Drexel were located. Commissioner Grabowski questioned if there would be land acquisition as part of the moratorium. Mr. Seymour stated that was not the case. The moratorium does not involve any land acquisition but allows for the Plan Commission and Common Council to reevaluate the Comprehensive Plan in zoning the area in light of the proposal for an interchange which in fact the Common Council has endorsed when they passed the resolution asking the Federal Highway Commission and SEWRPC to consider the placement of those interchanges as part of their planning efforts. This merely gives the Plan Commission and Common Council an opportunity to reevaluate the current zoning and land use. If the evaluation shows that ¼ acre and single family lots are the best land use adjacent to a freeway interchange so be it. He was just asking for the opportunity to not be sitting here 5 or 10 years from now and looking back and wishing they had taken the chance to change the zoning for that area.
Commissioner Grabowski stated that good planning should have justified that the Plan Commission have this discussion along time ago. Under the Comprehensive Plan it has always been discussed from her understanding that there would be an interchange or something in that area. Mr. Seymour stated that was not true.
Commissioner Kopplin questioned if the Coptic Church would be prevented from doing any further building at this time. Mr. Seymour stated they have their site plans approved and it looks as if they are near the completion of construction. They have all of their approvals from the Plan Commission to build what was intended from the start.
Commissioner Kopplin stated some of the homes on the west side of 13th Street north of Drexel have thought of putting a sunroom on their home and wondered if the moratorium would prohibit them from doing that at this time. Mr. Seymour explained that if the strict interpretation of the moratorium negates that then the moratorium should be changed. The intent is to not have primarily land divisions or things that the City would regret doing if in fact the interchange went in and it would have a detrimental effect on public safety by means of conflicts of access.
Commissioner Dickmann commented what was being done at this time was to be expected of the 20/20 plan. Mr. Seymour stated it was prudent to do so and it establishes a process to make sure that the Comprehensive Plan truly is a reflection of what the Plan Commission and the City and community want to see happen in that area.
Commissioner Grabowski questioned if the moratorium was approved what the intended outcome in six months would be. Mr. Seymour explained the Plan Commission undertook some Blue Ribbon meetings with respect to the 27th Street Corridor several years ago and he would expect that to happen on a very detailed and limited basis here to have either Jeff or himself walk the Commission through a visioning process as far as what the Commission feels are the most appropriate land uses adjacent to the planned interchange. Through that he hopes and expects that the Commission will be in a position to make recommendations whether or not to keep the existing zoning land use or to recommend changes to the Common Council.
Mr. Leo Solocheck, 1741 W. Drexel Avenue, wished to correct something because he has a discussion on the table now with the Metropolitan Sewer District in conjunction with the Brossman’s who own the adjoining parcels as to possible purchase. There is discussion on the table at this very time. Mr. Seymour questioned if the MMSD was looking to purchase the land for open space preservation. Land purchases such as that are not contrary to the goals of the moratorium. The moratorium does not restrict land sales within the area. Mr. Seymour questioned if they had planned on doing a land division as part of the sale. Mr. Solocheck stated that was the case. Mr. Seymour stated it would have to be worked out as far as no new residential lots being created but he would not have any objection to carving out exceptions for land divisions which parcel off existing homes. Mr. Solocheck questioned how interested the State was in doing an interchange at this point. Mr. Seymour explained he would have to ask the State that question but they have recognized that there is a distinct need in the corridor for additional access and that they have also recognized the desire of the cities of Oak Creek and Franklin in studying the idea of whether or not it is feasible to put an interchange in there.
Commissioner Grabowski questioned if the lots that Mr. Solocheck was speaking of were in discussion with MMSD then it is her understanding that those lots are not going to be ¼ acre lots. Mr. Seymour explained the lots would only be to carve off the existing homes. If the moratorium is approved it would be his recommendation that the moratorium be crafted that no new residential lots be created. If the land division results in just the carving out of the existing parcel that should be fine. The object is to not create any additional residential lots.
Commissioner St. John questioned if they wanted to carve out the existing homes and that is agricultural zoned…Mr. Seymour stated a portion of it was A-1 and it would have to comply with the A-1 zoning or apply for a rezoning. Mr. Fortin suggested adding a provision for special exceptions.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that a six month development moratorium on rezoning, land division and site plan review be imposed on a portion of the lands lying in the vicinity of the planned I-94 interchange with West Drexel Avenue, as depicted on the attached map with special exceptions may be reviewed by the Plan Commission and the Common Council with no special costs associated with the special exception requests
Commissioner Sokol seconds.
Roll call, all voted aye. Motion carries.
Plan Review – Cary and Lori Schmidt
9160 S. Pennsylvania Avenue
Tax Key No.: 871-9997
Mr. Fortin explained to the Plan Commission the applicant was requesting approval of site, building and landscaping plans for a dance studio. The proposed building would be constructed of beige split face block with a darker brown smooth face accent band. There would be metal accents on the north and south elevations.
Commissioner Peterson questioned if there were no dumpsters where would the garbage be going. Mr. Schmidt explained they would have trash receptacles in the building but there would not be a dumpster outside. The garbage would be hauled away on a daily basis.
Commissioner Dickmann requested to see the building materials. Mr. Schmidt explained natural light could come through the windows but you could not see in to them.
Commissioner Kopplin questioned if they were not having dumpsters what were they planning on doing with the garbage if they did not have a dumpster. It would not be allowed to be taken to the City dump site. Mr. Schmidt stated if they had to have one they would provide for one outside.
Commissioner Correll moved that the Plan Commission approves the site, building and landscaping plans for Studio 21, subject to the following conditions:
Commissioner Grabowski seconds.
Roll call, all voted aye. Motion carries.
Certified Survey Map – Cary and Lori Schmidt
9160 S. Pennsylvania Avenue
Tax Key No.: 871-9997
Mr. Fortin explained to the Commission the owners of 9160 S. Pennsylvania Avenue are requesting approval of a certified survey map dividing the property into two parcels. The proposed CSM will create one 3.48 acre parcel for the M-1 zoned portion of the land and one 2.23 acre parcel for the B-3 zoned portion, the site of the proposed dance studio.
Commissioner Correll moved that the Plan Commission recommend that the Common Council approve the certified survey map for the property at 9160 S. Pennsylvania Avenue, subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Rezoning – Bluffs of Oak Creek
4201 and 4103 E. Fitzsimmons Road, 4440 E. Oakwood Road, 10250, 10190 and 10150 S. Chicago Road
Tax Key No.: 917-9999, 917-9983, 916-9997, 917-9987, 917-9006 and 917-9988-002
Mr. Fortin explained to the Commission the applicant was requesting approval of the rezoning that was originally approved at the December 6, 2005 meeting of the Common Council subject to recording the deed restrictions by March 6, 2006. The deed restrictions were not recorded before the deadline and therefore the applicants need to request approval again. The deed restrictions are already recorded.
Commissioner Peterson moved that the Plan Commission recommends to the Common Council that the properties at 4201 and 4103 E. Fitzsimmons Road, 4440 E. Oakwood Road, 10250, 10190 and 10150 S. Chicago Road are rezoned from A-1, Agricultural to Rm-1, Multi-Family Residential and Rs-1, Single Family Residential after a public hearing.
Commissioner Dickmann seconds. Roll call, all vote aye. Motion carries.
Conditions and Restrictions – Airoldi Brothers
6930 S. 6th Street
Tax Key No.: 734-9021
Mr. Fortin explained to the Commission at the May 23, 2006 meeting the Plan Commission recommended to the Common Council that the Conditional Use permit 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 proposed conditions and restrictions are now prepared for the Commissions review.
Commissioner Kopplin questioned if the City Attorney agreed that this use was acceptable. Mr. Fortin stated the current zoning code allows for truck sales and service as a permitted use. Under the conditional use permit they would be allowed to operate in the M-1 as a permitted use.
Commissioner Grabowski questioned the order of the approval process. Mr. Fortin explained the conditions and restrictions would control the plan review and the plan review is conditioned upon the Common Councils approval of the conditional use permit.
Commissioner Peterson moved that the Plan Commission recommend to the Common Council that the attached conditions and restrictions are adopted as part of the amended conditional use permit for the property at 6930 S. 6th Street.
Commissioner Correll seconds. Roll call, all voted aye with the exception of Commissioner Kopplin who abstained. Motion carries.
Plan Review – Airoldi Brothers
6930 S. 6th Street
Tax Key No.: 734-9021
Mr. Fortin explained to the Commission the applicants were requesting approval of their site and building plans for the gasoline pump canopy at 6930 S. 6th Street. The canopy will be located south of the existing building and will be constructed of metal. The white canopies will be 18 feet high to allow for truck clearance of 16 feet.
Commissioner Dickmann questioned if the dock doors would be closed off. Mr. Airoldi stated they would not be utilized as dock doors nor would there be any truck traffic in there but they did not want to close them off for ventilation purposes.
Commissioner Grabowski questioned if the six foot fence was visible from the road and if it was around the entire perimeter of the property. Mr. Airoldi stated he felt it was except for the gates. Mayor Bolender stated he did not think it was visible from the road. Commissioner Grabowski felt the Airoldi Brother should know if it was visible from the road or not. Mr. Airoldi stated he has never looked at it from the front.
Commissioner Dickmann moved that the Plan Commission approve the site and building plans for the gasoline pumps and canopy, subject to the following conditions:
Commissioner Correll seconds. Roll call, all voted aye with the exception of Commissioner Kopplin who abstained.
Plan Review – Mayhew Professional Office Buildings
8870 S. Mayhew Drive
Tax Key No.: 860-9033-001
Mr. Fortin explained that applicant was requesting site, building, and landscaping plans for an office development located at the northeast corner of E. Centennial Drive and S. Mayhew Drive. Once completed there will be two multi-tenant office buildings with space for around 12 tenants, depending on the space needs of future applicants.
Commissioner Kopplin questioned the need for a private interceptor. Commissioner St. John stated it was the way they wanted to provide service.
Mr. Peter Schwabe, Big Bend Development, stated he was not an expert on the sewer interceptor but would continue to work with the staff. He was under the assumption that there was an issue with how to get the sewer to the buildings without creating easements along the backside of the property. Mr. Fortin stated he would have to check with Mike Sullivan on the exact details. Mr. Schwabe stated he did not have a problem saying that they were not going to divide the property at a later date. It was going to be an condominium type project and the south outlot would be the only piece of property he would like to break off in the future.
Commissioner Grabowski requested to see the renderings. Mr. Schwabe addressed the question of phasing and they originally intended to do the project in four phases. The project would be an office condominium project which is unique to Southeastern Wisconsin. They would be selling off small units to local businessmen. They are not entirely certain whether or not the project was going to be a hit or take a lot longer to build up. After listening to Mr. Fortin’s suggestions they are willing to do this in a two phase project in which case the temporary partition wall will not exist. All of the site work and landscaping would be done at one time and the other portion would stay as it exists currently. If sales are going well construction of the second building would begin within a year of the completion of the first building. However, it is entirely possible they find it is going slow and they can’t sell them for some reason they did not want to build two buildings. Mayor Bolender felt this was an outstanding idea to try this new concept and allow for people to open a business without building a building themselves.
Commissioner Grabowski questioned what type of clients or ownerships were they looking at having in the building. Mr. Schwabe stated medical and dental would be a perfect use for the space also insurance, engineering or training centers. It would not be high visibility retail that you would see on Howell Avenue.
Commissioner St. John commented with the scenario Mr. Schwabe described with not being able to sell out the units was the perfect scenario for public sanitary sewer so that he could sell the half of the lot. Mr. Schwabe stated if the public versus private could be explained to him he would revisit the issue.
Commissioner Dickmann questioned if the second phase works out would it be a benefit to the City to require a cross access easement with the medical building on the corner. Commissioner St. John pointed out that both sites have multiple access points.
Commissioner Correll moved that the Plan Commission approve the site and building plans for the Mayhew Professional Office Buildings located at 8870 S. Mayhew Drive, subject to the following conditions:
Commissioner Grabowski seconds.
Commissioner Kopplin requested that the condition of: The front parking lot and driveways are finished with concrete curb be added.
First and second concur.
Roll call, all voted aye. Motion carries.
Rezoning – Tim and Janice Finke (T.L. Finke & Associates)
6901 S. 20th Street
Tax Key No.: 737-9027
Mr. Fortin explained to the Commission the applicant was requesting that the entire property at 6901 S. 20th Street be rezoned from Rs-4 Single Family Residential and Rd-1, Two-Family Residential to B-3, Office and Professional Business District to allow for the construction of a professional architectural office along with single-family residential living quarters for the business owner.
Commissioner Sokol commented there was some sort of water flow on the site and questioned where it was coming from.
Mr. Timothy L. Finke, 130 E. Morgan Avenue, Milwaukee, explained to the Commission the history of his business and residence and its growth and need for a new location. Mr. Finke explained that with the preserve to the north they would like to create as much drainage area to the north side of the property as possible draining to an existing concrete flume in the right-of-way. They also would like to keep the building far enough away from the existing church to be sensitive to future growth and they would also like as much of the rear of the site as possible undeveloped. The design is sheet flow drainage off of the parking lot and they are still looking at pervious pavement as a possibility for the lot. The sheet flow would go into the existing concrete flume. The total impervious area is less than a half acre and they are not subject to the stormwater management rules.
Mr. Finke stated the water presently flowing in the same direction they will be sending the water.
Commissioner St. John did not remember any part of the Menards property being designated as a conservancy. Mr. Fortin stated there was a snake habitat area that went before the Common Council but he did not believe it went all the way to 20th Street. Mr. Finke stated Alderman Foeckler indicated it was a preserve the entire way to 20th Street.
Commissioner St. John questioned if they were respecting the future streets they would not be putting in the riprap down the future street. Mr. Fortin explained to Mr. Finke before the meeting the need to move the parking because of the future streets but explained to the Commission the issue could be addressed at the time of the site plan review.
Commissioner Dickmann questioned if the use fit in with the neighborhood and questioned what the plan should be for the surrounding residential zoning. Mr. Finke suggested leaving it alone. Commissioner Dickmann stated what if the owners of the land wanted to do something with the land like him. Mr. Finke has heard many conversations about open space and questioned why they couldn’t leave it open space.
Commissioner Grabowski questioned if Mr. Finke had entertained the idea of coming before the Commission with a map amendment to have the streets taken off of the map. Mr. Finke explained that he had not because he was led to believe that the adjacent land was a preserve.
Commissioner Grabowski questioned if there was going to be on site detention. Mr. Finke explained the impervious area was less then ½ acre and stormwater detention was not required.
Commissioner Dickmann again expressed concern for the surrounding properties and what would happen with the surrounding properties. Mr. Finke had an idea that his building could be converted to an apartment building or another type of residential building if his business should grow out of the site. Mr. Fortin stated if the zoning was going to be changed to business it should stay that way. The use of the property would not generate much traffic for the area.
Commissioner Correll expressed concern for the use in the area.
Commissioner St. John reminded the Commission the area of single family homes on Cedar Street, 22nd Street and the whole area goes to business under the 27th Street Corridor Plan overlay. Mr. Finke questioned if the overlay was an officially adopted street. Mr. Fortin explained it had nothing to do with streets but that the City did a land use plan for S. 27th Street and there is underlying zoning and an overlay. The overlay has higher standards and has different use categories. This has nothing to do with streets. Mr. Finke explained that Mr. Eldridge hired a separate consultant to come up with an idea of for the street pattern so the City would allow him to put a car wash on S. 27th Street. Mr. Fortin stated that was irrelevant to the issue at had.
Commissioner Grabowski explained the Plan Commission needed to decide if this was an appropriate location for a rezoning for what it being brought forth at this time. Mr. Finke commented that staff feels it is appropriate.
Commissioner Dickmann moved that the Plan Commission recommends that the property at 6901 S. 20th Street not be rezoned from Rs-4, Single Family Residential and Rd-1, Two-Family Residential to B-3 Office and Professional Business District after a public hearing.
Commissioner Correll seconds.
Roll call, Dickmann; aye, St. John; nay, Sokol; aye, Kopplin; aye, Bolender; nay, Grabowski; aye, Correll; aye, Peterson; nay. Motion to deny carries.
Plan Review – Deal Rite Company Building Addition
9735 S. 20th Street
Tax Key No.: 903-0002
Mr. Fortin explained to the Commission the applicant was requesting approval of a 3,650 square foot shop addition to their existing building at 9735 S. 20th Street. The addition will be onto the south end of the existing building and will house additional shop space. The building will have to be constructed of blue architectural steel panels and split face brick belt course to match the northern end of the building. The building addition does not meet the 75 percent requirements of brick, glass or decorative masonry material and would require a ¾ majority of the Plan Commissioners present.
Mayor Bolender commented that continuing what was existing would look better than requiring the 75 percent.
Commissioner Dickmann commented there was a very decorative part on the building and would like to see the brick belt line continued on the addition with the blue panels on the top and in the back of the building they could just use the metal. Mayor Bolender agreed with the idea.
Mr. Dan Smith, explained the center is supposed to stand out because it is the office area and the addition is recessed back seven feet to make it kind of disappear.
Commissioner St. John commented by looking at the elevation of the building you can’t tell where the front door is.
Mr. Smith explained the portion being added on is not a portion that people will be going into. The panels will match the existing building; the colors will also be the same. If windows were added it would bring the eye to the addition and not the office area of the building.
Commissioner St. John felt the addition was an opportunity to enhance the building. Mr. Smith would be willing to add some landscaping to enhance the area instead of windows. Mr. Fortin suggested doing something to the office area to make it stand out more.
Commissioner St. John questioned if the door with the window was the front door. Mr. Smith confirmed it was the front door.
Mayor Bolender suggested adding something to the office space they would be purely decorative to dress it up. Put a façade over the area and add a canopy.
Commissioner St. John commented they were expanding the building 50 percent and they want to go with the exterior of 1960 and this is not 1960. Mayor Bolender stated the problem with that is it sticks out like a sore thumb. Commissioner St. John commented it would take some time.
Commissioner Grabowski questioned if the item went to the pre-planning meeting. Commissioner St. John confirmed that it did. Mayor Bolender questioned if they wanted an entire brick structure. Commissioner St. John explained that what he was asking for the minimum and we were asking for the maximum to meet the code. Commissioner Grabowski questioned if at the pre-planning meeting Planning and Engineering had the opportunity to give more direction. With this building is there any discussion that the applicant would look at putting in some type of windows or expanding the front door to give it more of an aesthetic look. Mr. Smith explained he would have to discuss that with the owners and see what they were will to do. The landscaping was discussed as far as enhancing that and they were in favor of doing that.
Mayor Bolender questioned if Mr. Smith wanted to revisit the issue and see what they could come up with to dress up the building.
Commissioner Peterson moved that the Plan Commission approve the site, building and landscaping plans for the addition for the property at 9735 S. 20th Street subject to the following conditions:
Commissioner Kopplin seconds.
Roll call, Dickmann; nay, St. John; nay, Sokol; nay, Kopplin; aye, Bolender; aye, Grabowski; nay, Correll; nay, Peterson; aye. Motion to approve fails.
Commissioner Correll moved to adjourn. Commissioner Dickmann seconds. Roll call, all voted aye. The meeting adjourned at 11:07 PM.