MINUTES OF THE

OAK CREEK PLAN COMMISSION MEETING

TUESDAY, JULY 25, 2006

Mayor Bolender called the meeting to order at 7:00 p.m.  The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner St. John, Commissioner Kopplin, Mayor Bolender, Commissioner Grabowski, and Commissioner Peterson.  Commissioners Siira and Correll were excused.  Also present were Doug Seymour, Director of Community Development, Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.

Commissioner Dickmann moved to approve the minutes of July 11, 2006 Plan Commission meeting. Commissioner Grabowski 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 July 18, 2006, Common Council meeting.  There were no comments or concerns from the Commissioners.

Mayor Bolender added at the July 24, 2006 Common Council meeting the Common Council approved IRG coming into the City and developing the lakefront at no expense to the City. 

Sign Appeal Hearing – McDonald’s Restaurant
9441 & 9471 S. 13th Street
Tax Key No.:  877-0993 & 877-9002

Mr. Fortin explained to the Commission the applicant was requesting a variance from the City of Oak Creek Municipal Code Section 17.0706(i), which states that freestanding businesses shall be limited to two signs per street frontage.  If granted the variance would allow McDonald’s to install four golden arch logos on their new restaurant.  McDonald’s has indicated the pole sign near Ryan Road will be replaced with a monument sign when the new building is constructed.

Mr. Fortin swore in Mr. Steve Jeske, representing McDonald’s Restaurant who spoke in favor of the appeal. 

Alderman Michalski also spoke in favor of the appeal.  No one spoke in opposition of the appeal.

Mayor Bolender called three times and closed the public hearing.

Commissioner St. John moved to close the public hearing.  Commissioner Grabowski seconds.  Roll call, all voted aye.  The public hearing portion of the appeal was closed.

Sign Appeal – McDonald’s Restaurant
9471 S. 13th Street
Tax Key No.:  877-9002

Commissioner St. John moved to approve the variance contingent upon the removal of the pole sign on 13th and Ryan Road.

Commissioner Grabowski seconds.  Roll call, all voted aye.  Motion carries.

Plan Review – Dealrite Company Building Addition
9735 S. 20th Street
Tax Key No.:  903-0002

Mr. Fortin explained to the Commission the applicants were again returning to the Commission with additional changes to the building.  The applicant is now proposing to eliminate the white metal panels on the east elevation and replace it with white split face block to match the existing.  Additionally a metal canopy will extend north and south from this block area over the two entrances.

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:

  1. That the final site grading and drainage plans are approved by the Engineering Department prior to the issuance of building permits.
  2. That the final landscaping plan is reviewed and approved by the Community Development Department and the City Forester prior to the issuance of occupancy permits.
  3. That all building and fire codes are met.
  4. That the new delivery drive at the south end of the building shall not be used for parking vehicles.

Commissioner Grabowski seconds.

Roll call, all voted aye.  Motion carries.

Zoning Tex Amendment – Adult day care facilities

Mr. Fortin explained to the Commission the applicant was returning from the June 27, 2006 meeting where the Plan Commission held this item over concerns about regulations of these types of businesses. 

Commissioner Peterson questioned the licensing process for businesses not receiving Medicaid waivers.  Mr. Fortin explained any adult day care may request to be certified but it is only required by the State if the business is receiving Medicaid waivers.  The City can require that all adult day care centers be certified by the State of Wisconsin.

Commissioner Grabowski questioned if Milwaukee had an ordinance on file if the Commission had concerns they could look at that particular ordinance.  She expressed concern for allowing the adult day care center in the B-3 zoning.  Mr. Fortin explained the way it was currently being written it would be allowed in the B-2 which would automatically allow it in the B-4 and to also allow it in the B-3 zoning.  The reasoning behind the B-3 zoning was because child day care centers were currently allowed in all of those districts.  Other communities treat all day cares the same as permitted uses whether adult or child day cares.  It seems appropriate to allow it in the same districts that child day care is allowed.  Commissioner Grabowski asked for clarification that it would only allow for care during the day and not for overnight stays.  Mr. Fortin confirmed that was the case. 

Mayor Bolender commented these facilities served a purpose and it would make sense to allow them in the same districts as child day cares.

Commissioner Kopplin commented she did not have any concerns with it being allowed in the B-2 or the B-4 zoning districts but questioned if there could be a special use conditional use.  She did not feel this use belonged in the B-3 district. 

Commissioner St. John moved the Plan Commission recommend to the Common Council that the Zoning Ordinance be amended to allow for State of Wisconsin certified adult day care facilities as a conditional use in B-2, Community Business District and the B-3, Office and Professional Business District after a public hearing. 

Commissioner Grabowski seconds.

Mr. Arden Degner, 8540 S. Pennsylvania Avenue, questioned what area CBRF’s were allowed and felt that would cover this amendment.  Mr. Seymour explained CBRFs were allowed in residential areas if they where under seven occupants. 

Roll call, Dickmann; aye, St. John; aye, Sokol; aye, Kopplin; nay, Bolender; aye, Grabowski; aye, Peterson; aye.  Motion carries.

Plan Review – Goodyear/Wingfoot Commercial Tire Center
9345 S. 13th Street
Tax Key No.:  877-9007

Mr. Fortin explained to the Commission the applicant was proposing a 15,015 square foot addition to the existing Goodyear/Wingfoot Commercial Tire Center building at 9345 S. 13th Street.  The addition would be used for warehousing and storage.  The addition would be on the south side of the existing building and be constructed of a split face, smooth face and fluted concrete masonry units. 

Commissioner Dickmann was pleased they would be painting the existing building along with the addition to make the entire site match.

Commissioner St. John questioned if the Commission could approve the garage doors facing the roadway and also questioned if they would need a super majority vote.  Mr. Fortin explained it did not require a ¾ majority vote.  Commissioner St. John requested to see material samples and colors.  Mr. Lawson Rennie presented material samples for the Commission. 

Commissioner Sokol questioned what caused all of the clutter on the site.  Mr. Rennie thought the clutter came from lack of onsite storage.  Commissioner Sokol expressed concern for the owners keeping the site clean after the approval was granted.  Mayor Bolender explained there is now an ordinance in place that allows the Police Department to issue warnings and or tickets for unsightly businesses.

Mr. Art Garekis, did not have any objections to the addition but expressed concern for the pipes from the existing building spewing steam and noise towards his property to the north.  Mayor Bolender directed Mr. Garekis to the Building Inspection department for help with this concern.  Mr. Rennie would make the owners aware of Mr. Garekis’ concern and would look into rearranging the piping if necessary.

Mayor Bolender directed the problem to be taken care of within thirty days or the City would address the problem.

Commissioner Dickmann moved the Plan Commission approve the site, building and landscaping plans for the building addition, subject to the following conditions:

  1. That the final site grading and drainage plans are approved by the Engineering Department prior to the issuance of building permits.
  2. That the final landscaping plan is reviewed and approved by the Community Development Department and the City Forester prior to the issuance of building permits.
  3. That all building and fire codes are met.
  4. That there shall be no outdoor storage of any materials, truck trailers, or equipment upon completion of the addition. 
  5. That the site lighting plan is approved by the Electrical Inspector prior to the issuance of building permits.

Commissioner Grabowski seconds.

Commissioner St. John suggested adding that a condition be added to eliminate the steam discharge to the atmosphere.  Commissioner Dickmann commented the Commission was not sure if there truly was a problem with steam discharge.  Mr. Rennie assured the Commission he would discuss the issue with the owner and it would be addressed.  Mayor Bolender stated the Building Inspection department would look at the site and address with the owner any issues.  Mr. Seymour explained if it was a violation of an existing code it could be dealt with under the codes.  If it was not a violation of an existing code then there was no real reason to tag it on to the approval of the building expansion. 

Roll call, all voted aye.  Motion carries.

Conditional Use – TCF Bank
2320 W. Ryan Road
Tax Key No.:  878-9994-002

Mr. Fortin explained to the Commission the applicant was requesting a conditional use permit to allow for a financial institution with a drive-through facility for the property at 2440 W. Ryan Road.  The City’s zoning ordinance requires a conditional use permit for any bank or financial institution with a drive through.

Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the Conditional Use for a financial institution with drive-through facilities is approved after a public hearing and subject to conditions and restrictions that will be prepared for the Commission at the next meeting. 

Commissioner Grabowski seconds.  Roll call, all voted aye.  Motion carries. 

Commissioner Peterson moved to adjourn.  Commissioner Grabowski seconds.  Roll call, all voted aye.  The meeting was adjourned at 8:04 p.m.