MINUTES OF THE
TUESDAY, DECEMBER 11, 2007
Commissioner Kopplin called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner Johnston, Commissioner Sokol, Commissioner Siira, Commissioner Kopplin, Commissioner Grabowski, Commissioner Correll and Commissioner Nowak. Mayor Bolender was excused. Also present were Jeff Fortin Planner, Peter Wagner Zoning Administrator/Planner and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of the November 27, 2007, regular Plan Commission meeting. Commissioner Correll seconds. Roll call, all voted aye. The minutes were approved as submitted.
Report on Significant Common Council Actions
Commissioner Dickmann questioned if the conditions established by the Plan Commission for The Gathering were also covered by the Common Council. Mr. Fortin explained that they were
Sign Appeal Hearing– Oak Creek Lion’s Club
100 W. Rawson Avenue
Tax Key No.: 734-9027
Mr. Wagner explained to the Commission the applicant was requesting a variance from Section 17.0709(b)(1) which states no signs shall be no greater than 32 square feet in area and 6 feet in height.
Mr. Fortin swore in Mr. Chris Dannenmann representing the Oak Creek Lions Club. Mr. Dannenmann explained the need for the sign that they have been using for more than twenty years.
Commissioner Kopplin called three times and then closed the public hearing.
Sign Appeal – Oak Creek Lion’s Club
100 W. Rawson Avenue
Tax Key No.: 734-9027
Commissioner Dickmann questioned when they would need to use the sign. Mr. Damina explained the sign would be used quarterly for the blood drives and the sign would be up for about two or three days for each blood drive and then for the festival just prior to Labor Day and running through Labor Day weekend.
Commissioner Dickmann moved that the Plan Commission grant the request for variance from Section 17.0709(b)(1) and allow the Lion’s Club to continue to use the trailer-mounted temporary sign four times a year for the two to three days for the quarterly blood drives and also for the Lion’s Festival just prior to and running through Labor Day weekend as stated.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Rezoned/Planned Unit Development – Bielinski Elm Road Subdivision
3010, 3080, 3110, 3260, 3330R, 3324 and 3400 E. Elm Road
Tax Key No.: Multiple
Mr. Fortin explained to the Commission the applicant was requesting that the Plan Commission rezone the properties at 3010, 3080, 3110, 3260, 3330R, 3324, and 3400 E. Elm Road from Rs-3, Single Family Residential and A-1, Agricultural to Rs-2 (PUD), Single Family Residential Planned Unit Development. It was being requested to allow for the development of a 107-lot phased subdivision. The net density of the project is 1.8 units per acre and the average lot size is 0.54 acres.
Mr. Mike Doble, Landcraft Survey and Engineering representing Bielinski, gave a short presentation to the Commission outlining the vision for the site and how they planned to achieve that vision.
Ms. Carrie Mierow, 3236 E. Lindy Lane, gave a short presentation regarding Oakwood Lake Estates. The neighbors would not like to connect to the Bielinski Development via Ricky Lane. She expressed concern for the safety of the residents in Oakwood Lake Estates should the development be connected. She stated Oakwood Lake Estates was a private subdivision with private amenities. It was requested that the current Bielinski proposal be declined and be revised to increase lot sizes to over ½ and acre and also recommend that Bielinski not connect to Oakwood Lake Estates subdivision.
Mr. Charlie Rusiecki, 2298 E. Elm Road, commented he did not agree with the proposal to reduce the size of the lots. He felt it would impact the wetlands that currently existed. He was also against the connection because he did not want the increased traffic on Elm Road.
Mr. Jim Crayton, 2007 E. Elm Road, commented the development would increase the traffic on Elm Road and they did not need the extra traffic on Elm Road. The land for the proposed subdivision was very wet and holds all of the water for the area. He expressed concern for the future residents and his farming business.
Ms. Darlene Finn, 10351 S. Justin Drive, expressed concern for the connectivity of the two subdivisions with one having sidewalks and the other no sidewalks. She stated Oakwood Lake could live with the stub streets to nowhere.
Assistant Fire Chief, George Krudop clarified no one from the Fire Department has stated they are not in favor of the connection to Oakwood Lakes. The Fire Department is in favor of it 100%. Commissioner Kopplin requested A.C. Krudop to clarify exactly why it was necessary. A.C. Krudop explained the Fire Department believes the more connections through subdivisions are an advantage for numerous reasons. To keep the main feeder streets not as busy so a person going from one house to another house does not always have to hit the feeder streets.
Kujtim Sinani, 10468 S. George Drive, commented the safety of the children was more important than ease of getting from one point to another.
Ms. Jennifer George, 3243 E. James Drive, stated the most important thing to the residents of Oakwood Lake Estates was when they purchased the lots and built their homes they did not know the subdivision was going to be connected. The other fact was the pond and if they connect to another subdivision there will be safety hazards related to the pond that they pay for.
Mr. Doble commented that snakes in the area are not the Butler garter snakes on the parcel.
Commissioner Grabowski questioned if the failing septic systems on Elm Road have been addressed. Mr. Doble stated they would be providing a connection to that area as a part of phase one. Commissioner Grabowski felt it was important that the lot sizes be 17,000 square feet at a minimum. She also felt it was important that potential purchasers be made aware of the farming in the area. Commissioner Grabowski questioned the purpose of the proposed gazebos on the cul-de-sac. Mr. Doble explained the intent was to put some neighborhood amenities in the area to help sell the neighborhood.
Commissioner Kopplin questioned how often the pond would need to be cleaned and who would be paying for the clean up and also questioned the gazebo in the cul-de-sac. Mr. Doble explained they had made the cul-de-sac significantly large enough to hold the snow and the amenity. The plan for the drainage from the fields is to take the drainage and bypass the site and the stormwater ponds. That sort of runoff is not good for anything. The ponds will get sedimentation through the storm sewer and the homeowners association will be responsible to keep it clean.
Commissioner Nowak commented the two major issues from the residents of Oakwood Lakes were the thoroughfare and the usage of the pond. Commissioner Nowak questioned if any of this was discussed and resolved at the neighborhood meetings. Mr. Doble stated they did come up at the meetings and Bielinski Homes did agree if the connection was made to make the residents aware that the properties to the north were private properties and possibly write something into the restrictions. Some of the suggestions from the neighbors were perhaps a gated connection or just a pathway. They believed the connection was a good idea but they would prefer to see a cul-de-sac because they could sell more lots on a cul-de-sac. The subdivision was designed to help eliminate traffic cut through to Oakwood Lake Estates.
Commissioner Johnston commented Engineering was in favor of a connection going through to Ricky Lane. Oakwood Lakes was laid out with a stub road going to a vacant field and it makes sense to make that connection for the subdivisions sake. Engineering would not be in favor of the gazebo in the cul-de-sac for the same reason that Oakwood Lake Estates has safety concerns with children playing in the street we don’t want to make a place in the right-of-way that people are going to be convening at. Engineering is also not in favor of the smaller lots and would prefer to see the larger lots without the use of a PUD.
Mr. Fortin commented the residents of Oakwood Lakes should have assumed there would be a connection. There had been similar concerns with the connection to Shangri-La subdivision and there have not been any complaints since the connection was made.
Ms. George commented 98.5% of the residents in the subdivision do not want the connection. It should be about the residents who are paying taxes.
A.C. Krudop commented the subdivision could not be built in phases without the connection to the north.
Mr. Doble commented they were requesting the Commission forward to the Common Council their proposal that the property be rezoned as an Rs-2 PUD. They have agreed to meet the Rs-2 minimum lot size requirements. They are asking for some flexibility on the setback requirements. They are in a unique position of building all of the homes in the subdivision and can ask for the PUD because they can guarantee the homes will work on the lots.
Commissioner Siira questioned if there was an officially mapped street pattern on this parcel. Mr. Fortin stated there was not an officially mapped street pattern and was not sure how the location of Ricky Lane was established.
Commissioner Kopplin commented the children of Oakwood Lake do play in the streets and do not have any regard for cars coming.
Commissioner Siira questioned if the connection did not go through would they need to come up with a whole different phasing plan. Mr. Doble explained they would be limited to fifteen lots in phase one.
Mr. Steven Bautch, 3264 E. Lindy Lane, commented Oakwood Lake gains nothing by having the subdivision there except for a tremendous amount of traffic. There are over 100 kids in the subdivision and it would be a safety issue to connect the roads.
Mr. Don Rask, 3246 E. Lindy Lane, commented there were 127 children in his subdivision and there would be 100+ homes in the new subdivision which would mean more kids and no place for them to go. He proposed making the area for the connection to make a park.
Mr. Crayton expressed concern for the change of zoning and the retention ponds. The ponds would drain to the Crawfish Creek and the creek does not flow because it is filled with silt. Any overflow from the subdivision is going to go on his property.
Commissioner Grabowski moved that the Commission recommend to the Common Council that the properties at 3010, 3080, 3110, 3260, 3330R, 3324, and 3400 E. Elm Road not be rezoned from Rs-3, Single Family Residential and A-1, Agricultural to Rs-2 (PUD), Single Family Residential Planned Unit Development.
Commissioner Sokol seconds. Roll call, all voted aye with the exception of Commissioner Nowak who voted nay. The motion to deny carries.
Zoning Text Amendment – Hotels as Conditional Uses
Mr. Fortin explained to the Commission staff was recommending that the Plan Commission and the Common Council make hotels and motels a conditional use in all districts where they are currently listed as a permitted use.
Commissioner Sokol commented he voted for this when it was before the Commission the last time and he would vote for it again. There is a need to watch out for building to many hotels in an area. They are in a time of growth, the 27th Street Corridor is being developed, the power station is being developed, and various subdivisions being developed. With that you bring in a need for additional housing for people to come in and help you build that stuff. In five years or so the need will disappear and you will have a large number of hotels and motels that will be very under utilized and will become dilapidated mess for the City.
With respect to hotels and motels they should be making sure that they don’t go into areas where they are going to create problems with existing environments. With respect to B-4 it is scattered throughout the City and in fact a hotel could have been built across the street from the high school. All they have to do is meet zoning ordinances and they could build a low end hotel right across the street from our high school. He feels there is a very good need to have conditional uses to make sure when hotels and motels go in that they are appropriate for the environment that is there. It would be another level with respect to hotels that are bordering on rooming houses or extremely low end hotel/motels that we take a closer look at the long term impact. If they do not have a business plan for generating revenue that is geared toward keeping the building up for any appreciable number of years they would just be walking into a situation where they are going to have a dilapidated building creating a problem with drugs, prostitution and vagrancies. The situations are going to increase and tax the resources of the police department who are going to end up raising the kids that are in these developments and he does not think it is in the best interest of the City to support that for the short term benefit of a builder who wants to make a quick buck.
Commissioner Grabowski supports the amendment. It is extremely important that as the City moves forward with the amount of development that they are seeing that any new hotels be held to the highest development standards including requiring certain amenities to ensure that they are an asset to Oak Creek and not a negative.
Commissioner Dickmann agreed it should be made a conditional use but felt they needed to keep an open mind. Sometimes hotel operators are not able to look ahead fifteen or twenty years. They need to be careful at how they look at them. Just because they feel it is a low value hotel there may be reasons why it would be valuable to the City. He is in favor of the amendment but cautions the Commission to keep an open mind when each proposal comes forward to be discussed.
Mr. Gerald Hagopian, 7335 S. Lenox Avenue, commented he was for the conditional use. He was disturbed that the item withdrawn from the agenda could have built the establishment just by meeting the zoning. In some cases it is probable that the City will need a lower income venue as far as hotels are concerned. He did not think just the Plan Commission should be able to make those initial decisions. They should be held at public hearings so all of the people can make their opinions heard.
Commissioner Sokol moved that the Plan Commission recommend to the Common Council that the Zoning Ordinance be amended to make hotels and motels a conditional use in the B-4, Highway Business District, the UVO, Mixed Use/Office/Urban Village Overlay District, and the RRO, Regional Retail Overlay District, after a public hearing.
Commissioner Grabowski seconds.
Roll call, Dickmann; aye, Johnston; aye, Sokol; aye, Siira; aye, Kopplin; nay, Grabowski; aye, Correll; aye, Nowak; nay. The motion to recommend carries.
Plan Review – Value Place Hotel
9315 S. 13th Street
Tax Key No.: 877-9995-004
This item was not discussed because it was withdrawn before the meeting by the applicant.
Certified Survey Map – Superior Die Set Corporation
900 W. Drexel Avenue
Tax Key No.: 783-9054
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would create two parcels in the M-1, Manufacturing zoning district. Each of the lots exceeds the requirements for the zoning district.
Commissioner Grabowski moved that the Plan Commission recommend to the Common Council that the certified survey map for the property at 900 W. Drexel Avenue be approved, subject to the following conditions:
Commissioner Nowak seconds. Roll call, all voted aye. The motion to approve carries.
Commissioner Dickmann moved to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. The meeting adjourned at 8:30p.m.