MINUTES OF THE
TUESDAY, JUNE 27, 2006
Commissioner Kopplin called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner St. John, Commissioner Siira, Commissioner Kopplin, Commissioner Grabowski, Commissioner Correll and Commissioner Peterson. Mayor Bolender was excused. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of June 13, 2006 Plan Commission meeting. Commissioner Peterson seconds. Roll call, all voted aye. Minutes were approved as submitted.
Report on Significant Common Council
Mr. Jeff Fortin, Planner updated the Commissioners on the actions that were taken at the June 20, 2006, Common Council meeting. There were no comments or concerns from the Commissioners.
Sign Appeal Hearing
EZ Payday Loans
8750 S. Howell Avenue
Mr. Fortin explained to the Commissioners the applicant was requesting a variance from the City of Oak Creek Municipal Code Section 17.0706(i), which states that shopping centers and multi-tenant buildings may provide one wall sign or one canopy sign for each business in the building.
Mr. Don Nummerdor, Sign Effetz, Inc. was sworn in and spoke in favor of the appeal. No one spoke in opposition of the request.
Commissioner Kopplin called three times and then closed the public hearing.
Commissioner Peterson moved that the public hearing be closed. Grabowski seconds. Roll call, all voted aye. Motion carries.
Commissioner Siira questioned if there would be a sign on the monument sign for this business. Mr. Nummerdor stated there would be a sign on the monument.
Commissioner Grabowski expressed concern the amount signage on the building. The monument sign would give visibility and notification to people about the business.
Commissioner Sokol questioned if there were any obstructions that Mr. Nummerdor was aware of that would prevent people from seeing the sign. Mr. Nummerdor did not believe there were any obstructions.
Commissioner Correll felt there were too many signs but Qdoba and Bruegger’s were granted variances for their signs. Precedence has been set for these signs which in hindsight were not a good idea.
Commissioner Siira stated Qdoba and Bruegger’s were the anchor tenants for the building and the two smaller tenants were just infill.
Commissioner Dickmann commented the Commission fully expected the tenants for the center spaces to come forward with a variance request but the first variances were granted because they were the corner tenants.
Commissioner Kopplin commented this was a case by case basis and there are far too many signs along Howell Avenue.
Mr. Nummerdor commented the signs on the building were not overpowering and the monument sign was not very visible coming from the south. The sign is needed for visibility.
Commissioner Kopplin explained the strip mall knew what the signing was going to be.
Mr. Nummerdor understood that it was this Commission that made them build to the front of the lot. If the building were to the back of the lot the signage could have been out towards Howell.
Commissioner Correll questioned the total square footage allowed for signage for this business. Mr. Fortin stated it was 20 percent of the total wall area occupied by the tenant but the maximum for any wall sign is 100 square feet.
Commissioner St. John commented the position of where the building was on the lot was irrelevant because the tenant was aware of where the building was on the lot before looking at the space. Mr. Nummerdor stated it was also understood that the Commission was allowing signs on the back side of the building.
Commissioner St. John questioned if they would be willing to give up both sides of the monument sign if it was not doing any good for visibility. Mr. Nummerdor could not make that decision for the business.
Commissioner St. John moved that the Plan Commission deny the request for variance requested by EZ Payday Loans at 8750 S. Howell Avenue for an additional wall sign.
Commissioner Sokol seconds.
Commissioner Kopplin questioned if there was any further discussion.
Commissioner Dickmann questioned if it was denied and they were only going to go with one sign which side the sign would go on. Mr. Nummerdor stated again that he could not make that decision for the client.
Roll call, Dickmann; aye, St. John; aye, Sokol; aye, Siira; aye, Kopplin; aye, Grabowski; aye, Correll; nay, Peterson; aye. Motion carries.
Sign Appeal – Wireless Concepts
8750 S. Howell Avenue
Tax Key No.: 860-9996
Mr. Fortin explained to the Commission the applicant was requesting approval of a variance from the City of Oak Creek Municipal Code Section 17.0706(i), which states that shopping centers and multi-tenant buildings may provide one wall sign or one canopy sign for each business in the building.
Mr. Rick Neuman, Wireless Concepts, spoke in favor of the sign but understood the Commissioner just denied a similar request for variance on the same building. In this industry it was very unfortunate because the best signage is required to get business. They were under the impression when they moved into the building they would be able to put up the additional sign.
Commissioner Kopplin questioned if this could be held until the applicant had the chance to discuss the situation with the owners of the building. Mr. Fortin stated any applicant can request that it be held but it is up to the Commission if they would like to hold the item or take action.
Commissioner Correll questioned if the applicant had the ability to forego the monument sign in order to have an additional wall sign. Mr. Fortin explained that would be something the Commission would have to decide because the code allows for one wall sign and one panel on the tenant sign.
Commissioner Siira commented there may be the opportunity for the tenants to put some type of signage in the upper windows of the building in the event they were only allowed one sign on the building.
Commissioner Kopplin called three times and then closed the public hearing.
Commissioner Peterson moved to close the public hearing. Commissioner Dickmann seconds. Roll call, all voted aye. Motion carries.
Commissioner Dickmann questioned if the Commission had any control over the proposed box sign on the building or would it just be a recommendation. Mr. Fortin explained it was staffs recommendation and the Plan Commission would have some give and take with the sign if they were leaning towards granting the variance.
Mr. Fortin stated they were allowed 20 percent of the wall area and the sign would meet that requirement therefore it would not come before the Commission for approval.
Commissioner Peterson questioned if sign square footage was determined by the total square footage of the building or just the tenant space. Mr. Fortin explained the code states 20 percent of the wall area. It has been interpreted as the tenant area by the Building Inspection and Planning departments.
Commissioner Dickmann moved to deny the request for a variance for Wireless Concepts at 8750 S. Howell Avenue for a second wall sign.
Commissioner Grabowski seconds. Roll call, Dickmann; aye, St. John; aye, Sokol; aye, Siira; aye, Kopplin; aye, Grabowski; aye, Correll; nay, Peterson; aye. Motion carries.
Final Plat Jenna Prairie Addition #1
9764 S. Shepard Avenue, 1500, and parts of 1130, 1106, 1032, and 1010 E. Fitzsimmons Road
Tax Key Nos.: 908-9022, 908-9018, 908-9082, 908-9983, 908-9984 and 908-9025
Mr. Fortin explained to the Commission the applicant was requesting final approval of the Jenna Prairie Addition #1 subdivision plat. The final plat will create 105 lots in the Rs-3 Single-Family Residential zoning district. The final plat substantially conforms to the preliminary plat and the public improvements have been certified complete by the Engineering Department, the Streets Department, and the Water and Sewer Utility.
Commissioner Grabowski questioned where the effected properties would be that would be affected by future public improvements and whether or not they were notified. Mr. Fortin explained it would not be current residents it would be for the newly created lots in the subdivision which did not have owners at this time and may be assessed.
Mr. Ralph Doll, 1010 E. Fitzsimmons Road, opposed any action being taken on this item because the map that was submitted to the residents is incorrect as far as his property is concerned. Mr. Fortin stated he went over this situation with Mr. Doll’s son and that has nothing to do with this plat. The base map that was used by the developer was from 2000 and the City maps have not changed and this is not going to effect the part of the Mr. Doll’s property that he is referring to and there is no reason for the Plan Commission to hold an item for something that has nothing to do with this plat and is just something that was shown wrong on Mr. Doll’s property because the base map that the map was made off of. Mr. Doll asked Mr. Fortin to admit that the map sent to the residents was wrong. Mr. Fortin agree that it was incorrect and explained to the Commission the map that was sent out showed the final plat exactly how it is being approved but it just happened to have an old lot line on the map. Approving the final plat is not going to affect what goes on the property. Mr. Doll again questioned the reason for the map not being correct and also questioned what a base map was. Mr. Fortin explained when the preliminary plat came it used a parcel map that shows the surrounding parcels, and that same base map was used when the final plat was done, with the new lots and the old lot line. Mr. Doll questioned if City Hall was still using that base map. Mr. Fortin explained it was not a City map but a file attached to Kaerek’s plat file.
Ms. Janet Kaeding, 9800 S. Nicholson Road, questioned why she was not invited to previous planning meetings. Mr. Fortin explained the preliminary plat was approved in 2000. Ms. Kaeding explained she came to City Hall when they purchased the property two years ago and was told there was going to be no development. Mr. Fortin apologized but explained this subdivision was approved in 2000 and was in the works prior to that approval. Commissioner Grabowski explained as the Alderman for the district that there were numerous neighborhood meetings and she may have not made it on the mailing list but it was clearly in the works for development. Ms. Kaeding stated she would not have purchased her home if she knew there was going to be a road across the street from her driveway. Commissioner Grabowski commented at the urging of the City Mr. Kaerek decided to drop several lots along the road so it would not be as congested.
Mr. Uwe Kaeding, 9800 S. Nicholson Road, questioned the future impact on his property with the development. Commissioner St. John explained the status of the road was unknown but at some point and time it may have to have curb, gutter, storm sewer, there may or may not be sidewalks and street lights depending on what the standard will be at the time the improvement is. At that time, if the ordinances are the same on the books as they are now the Common Council could decide to assess those improvements against the homeowners abutting where the improvements are going in. Just as they can anywhere in the City right now.
Mr. Simon Krizon, 9878 S. Nicholson Road, stated it was news to him about the special assessments he also stated he was surprised that he would have to pay 7 percent interest on the assessment. Commissioner St. John explained the assessment is made and then an option is given to either pay it, to borrow somewhere else or to borrow from the City. The percent of interest is established at the time of the assessment by the Council.
Mr. Krizon also explained that he lost 21 acres of his farm due to the Highway 100 project cutting through his property and now Kaerek’s building of these homes. The only place the water has to go is on his property. The Department of Transportation goofed up on the road and it is creating a wetland on his property. Commissioner St. John explained under the storm water plan the water does eventually get to the Oak Creek channel. Mr. Krizon explained that is does get there but it creates 21 acres of wetland. Commissioner St. John questioned if the wetland was due to the Highway 100 construction. Mr. Krizon stated originally it was. Commissioner St. John stated they would have to look at that situation but at this point with the plat approval he is not prepared to talk about the drainage. Commissioner St. John directed Mr. Krizon to speak with Phil Beiermeister in the Engineering Department and the DOT and get this situation worked out.
Commissioner Dickmann moved that the Plan Commission recommends to the Common Council that the final plat is approved for the Jenna Prairie Addition #1, subject to any technical corrections being made prior to recording of the final plat including adding language to the face of the plat regarding future special assessments.
Commissioner St. John seconds.
Commissioner Peterson suggested including what the language was in the motion: that states: “Future public improvements that may occur in S. McGraw and along E. Fitzsimmons and S. Nicholson Road may be assessed to abutting or benefited properties and/ or the homeowners association in the future.”
First and second concur.
Roll call, Dickmann; aye, St. John; aye, Sokol; aye, Siira; aye, Kopplin; nay, Grabowski; nay, Correll; nay, Peterson; aye. Motion carries.
Certified Survey Map – Kristine Fischer and Jean Kaiser
10991 & 10961 S. 10th Avenue
Tax Key Nos.: 969-9020 and 969-9017
Mr. Fortin explained to the Commission the applicants are requesting approval of a certified survey map that will reconfigure the property lines between the properties at 10991 and 10961 S. 10th Avenue. The owner of 10961 S. 10th Avenue is selling the rear 3.6 acres of their lot to the property owner to the south.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the certified survey map for the properties at 10991 and 10961 S. 10th Avenue is approved subject to any technical corrections being made prior to recording.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Ron Rosen
560 E. Fitzsimmons Road
Tax Key No.: 907-9035
Mr. Fortin explained to the Common Council the certified survey map was being submitted along with two other adjacent certified survey maps for properties under different ownership. With all three there will be a total of ten lots created in the vicinity of E. Fitzsimmons Road and S. Shepard Avenue. These lands will also require the improvement and dedication of an officially mapped segment of E. Fitzsimmons Road between S. Shepard Avenue and S. Darlene Lane.
This certified survey map will create three lots ranging in size from 12,092 square feet to 15,467 square feet. Each of these lots meets or exceeds the requirements for the Rs-3 zoning district.
Commissioner St. John questioned how the development agreement would work. Would three people be signing the same development agreement with one person designated in the leadership role or would there be three separate development agreements which would make it very messy. Mr. Rosen stated they did not want to make it messy they wanted to make it quick. Mr. Rosen requested to answer that question at a later date. Commissioner St. John did not have a problem with that or with the certified survey maps.
Commissioner Kopplin questioned how they would handle the certified survey maps if they did not know what they were going to do with the development agreements. Commissioner St. John explained that development agreements are not started until the Council approves the CSM. There would be at least two weeks before a decision would need to be made. It is also the practice of the City not to record a CSM until the improvements are in which is apparently causing some problems within the group.
Ms. Terry Wallschlaeger, 9905 S. Shepard Avenue, questioned if all three parties could sign one development agreement. Commissioner St. John replied that would be fine.
Mr. Don Pionek, explained he was working on the project for all of the parties and questioned who wrote the development agreement and if they could let him know at a later date what the situation would be with the development agreement. Commissioner St. John stated the Engineering Department would write up the development agreement and they would have about two weeks to get back to him with an answer on how they wanted to do the agreement.
Alderman Lampe questioned if this was three separate certified survey maps but was considered really one project because they are doing it together what storm water rules would apply. Commissioner St. John explained the rules for three certified survey maps would apply. Alderman Lampe asked for clarification because they tell developers they don’t like it when they only put four houses in now and then two years later put in another one to avoid putting in a pond. Big developers are made to put in a pond because they own all of the land but these are three people doing a project together but they don’t have to meet the same storm water requirements. Commissioner St. John stated they do have to meet storm water requirements. It is a unique situation because there are two watersheds and a great deal of time has gone into their storm water. Storm water does not have a sunset date and if they wanted to do more lots in the future they would have to comply with the storm water rules. The owners would comply with all storm water ordinances and it has been looked at extensively.
Commissioner Peterson moved that the Plan Commission recommend to the Common Council that the certified survey map for the property at 560 E. Fitzsimmons Road be approved subject to the following conditions:
Commissioner Sokol suggested adding after condition one: particularly that the dedication of the strip of land abutting Darlene be corrected.
Peterson concurs.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – George Abendschein
9865 S. Shepard Avenue
Tax Key No.: 907-9973-001
Mr. Fortin explained to the Common Council the certified survey map was being submitted along with two other adjacent certified survey maps for properties under different ownership. With all three there will be a total of ten lots created in the vicinity of E. Fitzsimmons Road and S. Shepard Avenue. These lands will also require the improvement and dedication of an officially mapped segment of E. Fitzsimmons Road between S. Shepard Avenue and S. Darlene Lane.
This certified survey map will create three lots ranging in size from 12, 074 square feet to 16,831 square feet. Each of these lots meets or exceeds the zoning requirements for the Rs-3, Single Family Residential zoning district.
Commissioner Peterson moved that the Plan Commission recommend to the Common Council that the certified survey map for the property at 9856 S. Shepard Avenue be approved subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Certified Survey Map – Therese Wallschlaeger
9905 S. Shepard Avenue
Tax Key No.: 923-9005-001
Mr. Fortin explained to the Common Council the certified survey map was being submitted along with two other adjacent certified survey maps for properties under different ownership. With all three there will be a total of ten lots created in the vicinity of E. Fitzsimmons Road and S. Shepard Avenue. These lands will also require the improvement and dedication of an officially mapped segment of E. Fitzsimmons Road between S. Shepard Avenue and S. Darlene Lane.
This certified survey map will create four lots ranging in size from 14,350 square feet to 41,870 square feet. Each of these lots meets or exceeds the minimum requirements for lots in the Rs-3 Single Family Residential zoning district.
Commissioner Peterson moved that the Plan Commission recommend to the Common Council that the certified survey map for the property at 9856 S. Shepard Avenue be approved subject to the following conditions:
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Plan Review – Opus North
10101 S. Howell Avenue
Tax Key No.: 924-9006
Mr. Fortin explained to the Commission the applicant was requesting approval for a 257,007 square foot office and warehouse (with the ability to expand an additional 56,568 square feet) in the Oakwood Crossings Business Park. The building will be constructed of structural precast concrete with a grey, beige and blue finish on the exterior. There will be a total of forty overhead dock doors distributed between the east and west elevations, with the possibility of an additional 38 doors. The applicant is proposing berming and landscaping to screen the loading dock overhead doors however the upper portion of this elevation will be completely visible from S. Howell Avenue.
Mr. Jay Craig, Opus North Corporation, commented they have worked with staff on the project and they have dressed up the building and softened the impact of the building along Howell with berming and visual elements as requested by staff. They presented a visual representation of the landscaping in one and ten years. Mr. Fortin explained another feature that was added to detract from looking at the building is the fence with a pergola over top of the fence and stone fencing.
Commissioner Grabowski stated at the neighborhood meetings the residents expressed concern for seeing a long expanse of building and Opus has worked to draw the eye away from the building with the landscaping.
Commissioner Dickmann questioned how far off of Howell Avenue the building would be. Mr. Craig stated it would be six hundred feet off of Howell Avenue.
Commissioner St. John questioned if there was a revised site plan where there are not three ninety degree turns at the end of the road which was unacceptable. Mr. Craig explained they did not have a revised site plan. Commissioner St. John questioned which site plan they were reviewing at this time. Mr. Fortin explained the site plan for this project ends at the end of the building near the temporary cul-de-sac. The road work is something that Opus is still working on with the City. If the Commission would like to add a condition regarding the roadway that would be possible.
Ms. Antonette Grimscheid, 520 W. Oakwood Road, commented she liked what Opus was doing but did not like where the access roads were going to be. There is one by the cemetery and there is talk of one on the east side of the tracks. Commissioner St. John explained the area from Opus Drive east was going to be heavily improved and that is the area where the trucks will be. There will be a left turn lane and through lane so at least people who want to travel eastbound on Oakwood Road will not necessarily have to get behind the trucks cueing to turn left.
Mr. Jim McDonough, 622 W. Oakwood Road, commented the road in question would be directly behind his house and on the side of his house and he would like to know how close to his house the road would be. Mr. Fortin explained this part of the road has not yet been worked out. Commissioner St. John commented there were about three options and at a minimum they would be coming at a diagonal and get rid of the turns. One of the problems with trying to push the road closer to the railroad tracks is the issue with one left turn coming in and people stopping on the tracks. There is no right-of-way to put in a bypass lane, it is a tough situation. At a minimum there must be an emergency entrance at that point.
Assistant Fire Chief George Krudop pointed out that the road from the west end of the building site out to the west was not part of this plan approval. It is still in discussion as to how that road is carried out to Oakwood to the west and where it will be located on the property. His understanding of this development was it was just this building, the parking lot, the site and landscaping back towards Howell Avenue with a cul-de-sac on Opus Drive to be temporary until the final road was devised. The access road is not actually part of this site plan review.
Commissioner Sokol asked for clarification on the way the trucks would be going out onto Howell Avenue if they would typically be going towards the interstate. Mr. Craig stated they would be going to the interstate or the airport. Commissioner Sokol commented there were forty loading dock stalls and another thirty-eight for the second phase. Mr. Craig stated that was potentially correct there are accommodations if they wish to expand the number of docks. Commissioner Sokol questioned how many trucks were they expecting per stall per day. Mr. Fortin stated there would be approximately 25 delivery trucks leaving between 6:00 am and 8:00 am and four 53’ trailers leaving at 2:30 am to conduct line hauls and return between 1:00 and 5:00 pm. Receiving shipments are scheduled between 6:00 am and noon. The delivery trucks are the 18’ cube trucks. Commissioner Sokol expressed concern that the truck operation would clog up the intersection of Howell and Ryan something terrible. We just spent a lot of money. Commissioner Grabowski explained there is no other choice, they are not going to route trucks down Oakwood Road down out to 13th Street or Oakwood Road all the way out to 27th Street. That is a residential area and they would not do that. Commissioner St. John explained that Opus accommodated the traffic impact in the design and extracted a payment through the City from Opus for improvements to Ryan and Howell for this development. Commissioner Sokol questioned how much the cash payment was for. Commissioner St. John stated it was for $26,000 to extend left turn lanes. Commissioner Sokol commented that does not go very far. Commissioner Sokol commented if you were going to be queuing twenty-five trucks up you are going to need a long strip of land. Mr. Fortin commented he would not assume that twenty-five trucks would all be leaving at one time. Mr. Craig confirmed they do not all leave at one time. Mr. Fortin again stated the trucks leave between 6:00 am and 8:00 am so there would be two hours for twenty-five trucks to leave. Commissioner Sokol pointed out that $26,000 is not a very significant contribution to clogging up a main intersection in the City and he would expect a lot more.
Mr. Craig commented they are spending $500,000 to improve the intersection of Howell and Oakwood and to widen Oakwood to four lanes. Mr. Fortin stated they would be doing significant improvements and signals. Commissioner Sokol pointed out that if it takes $500,000 to improve an intersection, $26,000 is just not enough. Commissioner Correll pointed out there were already signals at Ryan and Howell. Mr. Fortin explained the DOT had plans for Ryan and Howell and they received additional money to expand the turning lanes. That is a different project and as a result of this project they added some length in the lanes. What is being done at Oakwood and Howell is very significant compared to the impact the DOT felt they had on Ryan. Mr. Craig commented it was a scale of magnitude. Mr. David England, project manager, explained they have made yet another $200,000 contribution for the 13th Street and Ryan intersection and at Oakwood and Howell when the intersection is complete they would be in excess of $1 million dollars. Commissioner Sokol commented that was the information he wanted to hear about and questioned what was going to be done at 13th and Ryan. Mr. England responded at that point they made a cash contribution of $200,000. Commissioner Sokol questioned what it would be used for. Mr. England was not aware of the exact use for the money but the DOT would have a plan out in about five years. Commissioner St. John commented it would be a DOT project and they would be redoing the entire intersection. Commissioner Sokol commented that whole area was very congested right now and Opus probably knows that. The cars and trucks that are feeding into the on ramps are already backing up severely and adding more trucks into there is going to create problems so he was asking what the plan to alleviate that would be other than putting more trucks into it. Mr. England responded the DOT was going to handle that intersection as a part of their plan coming up. They are going to come out with that plan in future and no one knows what that plan is yet. They know it is a bad intersection and they have that on their list of projects that will be done in the future. Commissioner Sokol clarified at this time they did not know but they are contributing to solve the problem. Mr. England stated that was correct.
Commissioner Siira pointed out the height of the proposed wall panel was 41 feet and he questioned how that compared to the phase one building. Mr. Craig stated phase one was 30 or 31 feet. Mr. Craig explained to the Commission the color and types of materials that would be used on the building. Commissioner Siira questioned if the landscaping plan was being used to make the building more visually appealing. Mr. Craig stated that was correct.
Commissioner Kopplin questioned if the City Forester was involved in any of the landscaping. Mr. Fortin replied that she has reviewed and commented on the plan.
Commissioner Dickmann questioned if the landscaping was being used to soften the look of the building or to hide the loading docks which would be preferable. Mr. Craig explained the landscaping along Howell is to hide or prevent the sight lines from going to the loading dock. Mr. Craig explained one of the benefits of the building was they were able to set it back 600 feet into the park. It will create a much nicer view corridor from Howell Avenue. Commissioner Dickmann expressed concern for the dock doors facing the main street and would like to see them hid by the landscaping or broke up.
Commissioner Sokol stated that he could not agree with this project at all. This is the wrong place for a project like this. You are going to be driving trucks right down the most prominent avenue in our town, right by our high school, right by every restaurant and facility we have in our town. You are going to be clogging up our roads. You belong closer to the interstate or closer to the airport and I disagree absolutely with the placement of this facility at this location.
Commissioner Grabowski commented they have spent a considerable amount of time on this project and they have had numerous neighborhood meetings and this land is zoned specifically for that purpose. In a perfect world residential might be great there or a high school but it is zoned for that purpose and Opus has gone above and beyond. They have listened to the concerns of the residents and staff. It is a congested area and I think everyone would agree with that but we need that intersection improved and that is being done. She is supportive of the project and thanked Opus for taking the time to listen to the residents concerns and staff.
Commissioner St. John commented the zoning is set by the Council and therefore this complies with the zoning and the comprehensive plan calls for another 200 acres of this to the south and that is the way it is zoned. They are meeting the zoning, are they meeting the landscaping we want, are they meeting the building we want? If the answer is yes to those it is the Councils call on the zoning.
Commissioner Correll moved that the Plan Commission approve the site, building and landscaping plans for the property at 10101 S. Howell Avenue, subject to the following conditions:
Commissioner Dickmann seconds.
Commissioner Kopplin questioned if the road was going to have any impact on this project or do we need an additional condition? Assistant Fire Chief George Krudop explained the fire access road that he asked for the site was on the east side of the building not out to Oakwood, connect the parking lot on the south side to the loading docks east side. Commissioner Kopplin again questioned if there should be another condition for the street on the far west. Mr. Fortin stated the road extension is not part of the approval. Commissioner St. John questioned if Opus would be acceptable to that condition. Mr. England stated at minimum they would build a cul-de-sac on the west end of the building so would have a turn around for a fire truck. At this time we are working with staff on the extension of the road. Commissioner St. John stated right now they are going to get a temporary cul-de-sac on the west side of the new building. It could be added as a seventh condition.
7. That the site plan is to include a temporary cul-de-sac west of the proposed building.
First and second concur.
Roll call, all voted aye with the exception of Sokol who voted nay. Motion carries.
Plan Review – Sikh Temple of Wisconsin
7502 & 7512 S. Howell Avenue
Tax Key Nos.: 781-9994 & 781-9995
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building, and landscaping plans for their new building at 7502 & 7512 S. Howell Avenue. The building will be setback 595 feet from S. Howell Avenue and parking is proposed in front of the building and along the south side. The applicants are providing a landscaped berm to screen the parking and building from the residential property to the west. The building will be constructed of split face cmu with smooth face cmu accent bands. The colors will be beige and white. The building plans show three future domes.
Commissioner Kopplin suggested the residents or the City vacate the area of Verdev Drive going into the Sikh Temple property. She would never approve any proposal for access from Verdev.
Mr. Steve Smith, Steven Perry Smith Architects, showed the Commission the site plan and explained how the site and grading would work on the site. Mr. Smith explained that Alderman Kopplin made it very clear that the area to the south was not to be developed and the project has been contained in the portion that was previously rezoned. The dumpster enclosure will match the building materials. The property to the west will be screened with landscaping features and berming.
Commissioner Siira questioned what the timing would be on the installation of the domes. The building is rather plain and the domes would add something architecturally. Mr. Smith explained architecturally they have tried to focus on the inside but feel the outside has a more clean design. Everything is simple and straight forward, windows were placed where practical. The domes would be installed in five to ten years when funding was available. Commissioner Siira felt the domes would significantly enhance the look of the building.
Mr. Dulai, 9164 S. Pennsylvania Avenue, stated the domes would be added in about five years depending on the budget. If they could add them sooner they certainly would.
Commissioner Kopplin commented the sewer and water were a big problem for a while and they were able to buy the land to the south to accommodate the sewer and water problems. She also corrected Mr. Smith that they could develop to the south they just would not be allowed a driveway to the south.
Commissioner St. John questioned what materials and colors would be on the domes because he felt they should be part of this approval even though they would be coming at a later date. Mr. Smith would be agreeable to that and they would be fabricated out of fiberglass and would be a golden color to complement the colors of the building and they would be similar to those on the Golden Temple in India.
Ms. Marge Knudson, 7518 S. Howell Avenue, expressed concern for a gravel drive off of Howell Avenue. Mr. Fortin explained that was an existing gravel drive that would be removed. Ms. Knudson questioned if the drive would be bermed along her lot line. Mr. Mike Doble, Landcraft Engineering, explained there was a wooded area and an existing drive that goes through the woods. The existing driveway would be used as a construction drive and then go away in place of an asphalt drive. The woods will be left intact. If berming and screening are done in the woods it would rip the woods out so the woods will remain intact. On the area where there are no trees or plantings they are proposing a berm with plantings and landscaping to screen the back of the house from the Temple. Because of how the house is situated and the elevation she is still going to be able to see it but they would do the best they could to provide a nice buffer.
Commissioner Kopplin questioned if because the property that where the pond would be was never rezoned but left as agricultural so it would have to stay green space. Mr. Fortin stated the Council required as part of the approval of the development agreement there be an easement drafted for the eastern ¼ of the property restricting the uses to open space and the subject of the easement will be approved at the Council at a future action. When the development agreement comes forward that action would also be sent on to Council.
Ms. Knudson questioned if there would be sidewalk on Howell. Mr. Fortin stated it was a requirement and one of the conditions of approval for the property that they are developing.
Mr. Charles Knudson, 7518 S. Howell Avenue, expressed concern for the term woods and felt it was just over grown brush. He would like something tied in with the beautiful landscaping that was proposed and also requested something to tone down the noise from the traffic on the driveway. Mr. Fortin suggested the applicant install some new landscaping right along the south property line leaving the woods. Mr. Smith commented the traffic would mainly be on Sundays only.
The overgrown grass and bushes would not be left like that. Right now it looks a little like a jungle and they will clean it up and put in new trees if needed. There should not be any traffic concerns because service is only held on Sundays between 10 and 2 and not all of the cars come at one time. People come and go. The rest of the week there should only be a few cars come and go. If there are other concerns from the neighbors they are more than welcome to come and talk with the Sikh Temple and they would be there to take care of any concerns. Commissioner Kopplin questioned if they were willing to do something with leaving the trees in and doing some cleaning up and adding plantings where needed. Mr. Dulai stated they would be willing to add plantings and grass and clean up where needed. Mr. Fortin commented the City Forester and the Sikh Temple could identify what trees are worth saving and then have them come up with a landscaping plan and then contact the neighbor.
Mr. Knudson expressed concern with the water drainage from the site coming onto his property. Mr. Doble explained most of the water on the sight flows south and east. There is basically a drainage way that splits the site in half that they will fill over in the center and the drainage will then go north as opposed to going south where naturally most of it did go south. The water has been taken into consideration and Mr. Doble assured Mr. Knudson he would not get any additional water.
Mr. Knudson expressed concern for the site lighting. Commissioner Kopplin stated light spilling over onto other people’s property was not allowed by the City. Mr. Fortin stated the Electrical Inspector would review the plans and make sure the light on the site is projected inward.
Commissioner Dickmann moved to approve the site, building and landscaping plans for the properties at 7502 and 7512 S. Howell Avenue subject to the following conditions:
Commissioner Kopplin questioned the timing of the domes be added as condition eight.
Commissioner Dickmann added:
8. That the domes (three) shall be gold in color when constructed in the future.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion carries.
Assistant Fire Chief George Krudop informed the applicant that the City of Oak Creek has several fire prevention code requirements that exceed the Wisconsin State Code and provided the applicant with a copy of those requirements.
Plan Review – Melrose Restaurant
6840 S. 27th Street
Tax Key No.: 737-9007
Mr. Fortin explained to the Commission the applicant was requesting approval for a proposed façade renovation to the former Judy’s restaurant at 6840 S. 27th Street. The façade improvements entail adding an EIFS cornice along the north, south and east elevations of the building. The cornice and parapet will fully screen the rooftop mechanicals that are currently visible. The façade renovation will be a significant enhancement from the painted block and EIFS features that currently exist.
Mr. Sam Diamantopoulos, owner, commented they would be giving the building a face lift and showed the Commission samples of the materials being used.
Commissioner St. John moved that the Commission approve the façade renovations for the property at 6840 S. 27th Street, subject to all building and fire codes being met.
Commissioner Sokol seconds.
Commissioner Dickmann questioned if the drive-through window was still going to be used. Mr. Diamantopoulos stated they would be blocking that off and completely removing the drive-through.
Roll call, all voted aye. Motion carries.
Zoning Text Amendment – Adult day care facilities
Mr. Fortin explained to the Commission the applicant was requesting an amendment to the City of Oak Creek zoning ordinance that would permit adult day care facilities in the B-2, Community Business district. This would also permit them in the B-4, Highway Business District as all permitted uses allowed in the B-2 district are allowed in the B-4. Staff would also like this extended to allow for these facilities in the B-3, Office and Professional Business District.
Commissioner Kopplin questioned if the area the applicant was proposing this facility was currently zoned B-2. Mr. Fortin confirmed that was the case. Commissioner Kopplin questioned why this could not be done as a conditional use in the B-2 zoning rather than opening all of these areas in the B-3 and everything else. Mr. Fortin explained that if it was done as a conditional use in the B-2 it would have to be listed as an approved conditional use and by the way the Code reads it would also become a conditional use in the B-4. Commissioner Kopplin stated she would feel more comfortable having a conditional use of that nature rather than open it up as a blanket especially in the B-3. Mr. Fortin stated it was up to the Commission and the Council if they would like this as a permitted use or a conditional use. Mr. Fortin was not sure what types of conditions they would be able to put on this type of use except for the number of people and maybe the hours of operation. Commissioner Kopplin felt the hours of operation would be a condition and she felt more comfortable not putting it in the B-3 and she felt as a conditional use it would prevent more of these things springing up.
Commissioner St. John questioned if these facilities were licensed by the State. Mr. Fortin explained they were not actually licensed by the State however if there are one or more participants receiving Medicaid waivers funding from the County then they do need to be certified by the State but an actual license is not required.
Commissioner St. John questioned what the State would certify. Mr. Fortin stated apparently they have certain standards if they are actually receiving money from the County the State has specific criteria that they have to meet. Ms. Beverly Bowen, 6412 S. Howell Avenue, explained they are not going to do that because they would be all privately funded so they would not need the State certification.
Commissioner Grabowski questioned if the individuals would be returning to some type of facility that they would need to be monitored. Ms. Bowen explained it was more the type of situation where someone has parents that live with them that need care during the day for such things as Alzheimer’s. These types of places are used during the day so the caregivers can go to work.
Commissioner Grabowski questioned what triggered the request. Mr. Fortin explained the Code defines day care in terms of child day care and does not allow for adult day care anywhere. He did not feel it was done intentionally but at the time the Code was written the Council and Plan Commission had not thought there would be a need for adult day care. Commissioner Grabowski questioned why it would also be allowed in the B-4 if it was allowed in the B-2 district. Mr. Fortin explained the B-4 District specifically states that as a permitted use any permitted use allowed in the B-2 District is also allowed in the B-4 District. By virtue of putting it in the B-2 it automatically is put into the B-4. The B-3 is an option because they allow for regular child day care facilities in the B-3 District.
Commissioner St. John questioned where child care was allowed. Mr. Fortin stated child care was allowed in the B-2 and B-3 as a conditional use and also in the B-4 District.
Commissioner Grabowski questioned if B-4 was conditional. Mr. Fortin stated it was not.
Commissioner St. John questioned if they were all registered by the State. Mr. Fortin stated all day care facilities need to be licensed over a certain number. Commissioner St. John questioned what the Code allowed for home day cares. If we make it a conditional use and want to write conditions have we sort of taken over the regulation of adult day care centers? I don’t know if we want to do that.
Commissioner Kopplin mentioned that it is not a day care because there are facilities where there are four or five people living in a house and being provide care for within the residential districts. Where this is being proposed because of what is along with the other treatment centers they have there, you also have construction companies in there and other businesses. There are four buildings in that area and they provide a coinciding service and that is something that they do allow in that area so this would be compatible in that area. There is the airport and the noise and the effects that might have on the people in the day care and the applicants don’t seem to think that would be a problem. Ms. Bowen commented that she has an office in that area and she has never heard a plane.
Assistant Fire Chief George Krudop pointed out the present Fire Code requires all day care centers to be fully sprinkled. Ms. Bowen stated they are in the very early stages of trying to figure this out and they do want to be licensed by the State and would like to go through all the regulations and intend to work with the Department of Ageing and they will also be doing renovations in the building to comply with all the fire and building codes.
Commissioner Kopplin questioned if sewer and water is servicing all of the buildings in that area because at one time they did not. Assistant Fire Chief George Krudop stated he could not answer for the sewer but there is water service there because there is a fire hydrant.
Mr. Fortin stated residential allows as a home occupation babysitting and the code defines babysitting as the act of providing care and supervision for fewer than four children. The definition does not apply when the babysitter is related to the child or when more than four children in one household are related. Commissioner St. John questioned if that would be extended to adults? Mr. Fortin replied they were not talking about residential districts. Commissioner St. John commented he would say the request was for B-2 and he would say that they should allow certified facilities. Mr. Fortin explained that they are not going to get certified if they are not getting funding from the County. Are you going to tell her that she can’t have hers because she is not accepting Medicaid waivers from the County? Commissioner St. John questioned if there wasn’t a certain amount of control and rules. Mr. Fortin explained the City does not get into regulating these the State does.
Commissioner Peterson commented adult day care facilities are something that is not really that new but she is not familiar with the regulations. It is not a residential thing because people do not stay over night. They go there during the day; it is respite care really for the caregivers really more than anything else. She was not sure the Commission knew enough about adult day care to make regulations about whether they should be certified or not. The Commission is not in that business. We could ask for a legal opinion on that but she did not know if they as a Commission could issue that without the knowledge. She questioned if they could specify that a particular property have a conditional use to allow this if that is what we need or do we need to do the whole zoning thing and change it. Commissioner St. John questioned what conditions they would put on the adult day care. Commissioner Peterson suggested allowing a conditional use for an adult day care facility. Mr. Fortin explained that it is not listed as a permitted conditional use, it would have to be put in there first to restrict it to one property would not work.
Commissioner Kopplin commented that when somebody wanted a massage and someone was giving massage in the City Hall and was certified but they were working out of their home. This went to the City Attorney and because it was certified through the State as long as they maintained an office in the B-3 then they could go to any of the business in the City and do the massage as long as they had an office as a base. She believes that the City Attorney should give an opinion and felt it needed to be held.
Commissioner St. John questioned if we knew how Milwaukee handled adult day care centers. Mr. Fortin was not aware but would do some research. Commissioner Kopplin felt that needed to be done before making any decisions.
Commissioner Grabowski moved to hold the zoning text amendment for the adult day care facilities and refer the matter to the City Attorney and staff.
Commissioner Correll seconds. Roll call, all voted aye. Motion carries.
Zoning Text Amendment – Driveway gates in residential districts
Mr. Fortin explained to the Commission staff had received an inquiry from a resident interested in installing a gate across their driveway however; the City’s zoning ordinance does not address the issue of driveway gates.
Commissioner Kopplin questioned if this was the first time they had received and inquiry like this and was it in a subdivision or was it just one person that requested this amendment. Mr. Fortin explained staff had received a fence permit request for this and staff met and thought this may be something the City should be looking at further. Commissioner St. John explained the precipitating factor was that it was not in a subdivision but on Oakwood Road and a circular driveway was built in front of their house and everyone insists on using it for a turn around. The neighbors keep track while the people are at work and there are counts in five and ten a day.
Commissioner Siira questioned if there wasn’t a large home on Oakwood Road that had an entry gate. Commissioner St. John was pretty sure they were zoned agricultural and fences and gates in agricultural and equestrian were different than residential. The problem is when the request came in it is a fence and it can only be three feet high in the front yard. You can’t find a gate made that is only three feet high that is operable.
Commissioner Grabowski questioned if there was any likelihood that in an Rs-3 or an Rs-4 if somebody puts about the big six foot fences and before you know it you have the electronic gates in the front and you kind of start a chain reaction. Commissioner St. John explained right now under the ordinance in between the gates as long as it is in the front yard they are restricted to three foot high fifty percent clear fences. Could they connect this all? You bet they could connect this all but here is a request; a citizen has a significant problem and we have tried to suggest that they put up no trespassing signs, put some kind of delineation at the property line as private property but they feel compelled to put in gates that operate like a garage door opener.
Commissioner Kopplin questioned where on Oakwood Road there was a circular drive because she doesn’t recall ever seeing one there. If they put in a circular drive, why can’t they put in something like a no trespassing sign?
Commissioner Grabowski stated her only concern with this was it then opens up for everybody else if they choose to do that. Commissioner St. John agreed with that statement. This is a difficult thing except that he is sympathetic if people consistently use their private property as their turn around. They are getting delivery trucks doing it.
Commissioner Peterson questioned what the five feet would get them. The gate is a barrier regardless. She did not see why they would make this kind of regulation, if people are using it for a turn around cones would work just as easily.
Commissioner Grabowski questioned what would happen if no trespassing signs were posted and people were ticketed. She expressed concern because by doing this for one individual they then have to say they are willing to allow this throughout the City.
Commissioner Sokol felt the fifty percent open space was going to kill it for most people. Mr. Fortin explained they did not want to have solid wood fences as their gates. The spacing between the boards should be fifty percent open. Commissioner Sokol questioned if the gate could go right on the front lot line. Mr. Fortin responded in the same spot as a regular fence. Commissioner Sokol felt that could stop traffic while they wanted for their gate to open. Mr. Fortin explained the property line is anywhere from ten to seventeen feet off of the road.
Commissioner Kopplin questioned if you could have a decorative post on either side of the driveway with a chain across because that would keep people from using the driveway. This could be done very easily and she could not agree to this amendment. Commissioner Siira commented that would be very inconvenient.
Commissioner Grabowski stated she did not have a problem supporting it but she wanted everyone to understand that this is pertinent to all of the zonings.
Commissioner Kopplin suggested putting the item on hold.
Commissioner St. John explained one of the concerns with not doing this is we were trying to decide if someone wanted to put a cross buck like at a railway if we could stop them. Commissioner Peterson stated this does not preclude people from having decorative gate across their driveway and not have the fence around it. If the driveway gate is passed you could have a driveway gate and nothing else. Commissioner St. John stated that was correct and that is what the request was for.
Assistant Fire Chief George Krudop felt it was important to note that the City has consistently not cared about people pulling into residential driveways. When Grays Lane was up for discussion for a turn around at the end the individuals at the end of Grays Lane complained that without the turn around people pull into their driveway and turn around everyday and the Council and the Plan Commission voted no on the turn around. So they don’t really care about the individuals and the aesthetics of looking at fences and gates is not in the Fire Department realm and he lives here and is against the amendment.
Commissioner Grabowski moved to hold the text amendment for driveway gates in residential districts and stated she was willing to sit down with the resident and see what they could come up with.
Commissioner Siira seconds. Roll call, all voted aye. Motion carries
Commissioner Correll moved to adjourn. Commissioner Dickmann seconds. Roll call, all voted aye. The meeting adjourned at 10:02 pm.