MINUTES OF THE
TUESDAY, FEBRUARY 27, 2007
Mayor Bolender called the meeting to order at 7:00 p.m. The following Commissioners were present at roll call: Commissioner Dickmann, Commissioner St. John, Commissioner Sokol, Commissioner Siira, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Nowak. Commissioner Kopplin was excused. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of February 13, 2007 Plan Commission meeting. Commissioner Sokol seconds. Roll call, all voted aye. The minutes were approved as submitted.
Report on Significant Common Council Actions
Mr. Fortin updated the Commissioners on the actions that were taken at the February 19, 2007 Common Council meetings. There were no comments or concerns from the Commissioners.
Temporary Use – Woodman’s Property (formerly Delphi) Concrete Crushing Operations
8131 S. Howell Avenue
Tax Key No.: 813-9011
Mr. Fortin explained to the Commission the applicant was requesting an additional temporary use to allow them to finish the concrete crushing at the Woodman’s site.
Commissioner Sokol moved that the Plan Commission approve the temporary use permit to allow for the crushing of concrete at 8131 S. Howell Avenue, subject to the following conditions:
Commissioner Dickmann seconds.
Roll call, Dickmann; aye, St. John; nay, Sokol; aye, Siira; aye, Bolender; aye, Grabowski; nay, Correll; aye, Nowak; aye. Motion to approve carries.
For a complete transcript of this item contact the Department of Community Development.
Conditional Use Permit Amendment – Ryan Road Self Storage
840 W. Ryan Road
Tax Key No.: 876-9003
Mr. Fortin explained to the Commission the applicant was requesting approval of a wall sign. During the course of discussion it was discovered that they were storing rental trucks and vans on site, which was not allowed under the terms of their conditional use permit issued in October 2002.
Commissioner St. John questioned if Mr. O’Malley was aware of the recommendations from the Planning Department. Mr. O’Malley stated he did receive the recommendation on Friday but he did have some rebuttals to the recommendations. There were two areas that he would like to store the trucks, one of which was behind the office building and the other was near the gate area. Mr. O’Malley presented photos to the Commission showing the green space areas that were recommended for storage of the trucks. Mr. Fortin commented he would be comfortable having the trucks elsewhere on the site but not visible from Ryan Road.
Assistant Fire Chief George Krudop commented the highlighted (recommended) spots would be the only places that would not affect fire access. The other lanes would restrict fire access and would not be acceptable to the Fire Department. Mr. O’Malley pointed out that they would not be in the way of fire access or other emergency vehicles if they would be allowed to store them by the front gate. The three areas in the back that were recommended were the areas that he currently uses to push snow out toward the pond area. He does not have a problem adding more landscape outside the fence area or around. Mayor Bolender commented he would have to have some pretty big evergreens to block a truck.
Commissioner St. John commented that Mr. O’Malley should have been aware that he had no permission to continue renting trucks. Mr. O’Malley commented when he was made aware of the situation Mr. Wagner visited the site and told him he would be able to continue renting the trucks until the meeting. He did not add to any insult by requesting to create an issue with the City whatsoever.
Commissioner St. John questioned if that could be confirmed. Mr. Fortin was not aware of any discussion regarding the rental situation but he could confirm that Mr. O’Malley did come into the Planning Department the next day after he was made aware that he was in violation of his conditional use permit. He also did get his application in right away to try and take care of this in a timely manner. He should have been aware after he appeared before the Planning Commission the last time that he was not supposed to be renting the trucks anymore. Mr. O’Malley commented that was why he specifically asked if it was okay to rent until the meeting.
Mayor Bolender commented they took it upon themselves to start renting trucks from the beginning without permission. Mr. O’Malley apologized because he read the conditions to say he could not rent space outside of the self-storage building. Mayor Bolender stated it was a problem for the neighbors to have to look at the yellow rental trucks. He should have requested permission instead of trying to sneak something in.
Commissioner Grabowski commented considerable time and effort was put into the conditional use permit quit some time ago. She did receive a phone call from Mr. Koehler across the street expressing concerns with being able to see the large yellow trucks from the road. She questioned where they could be placed so they would not be visible from the street. Mr. O’Malley stated the only locations for that would be right behind the office building and way to the very far back which is a 500 foot walk back to the trucks. In the winter they will not have as many trucks on site so they should be able to maintain the limitation of only five trucks.
Commissioner Grabowski expressed concern for the trucks being visible from Ryan Road and questioned if the truck rental was something that was always planned as part of the business because it does not seem any thought was put into where the trucks would be placed other than towards Ryan Road. Mr. O’Malley commented the only area they have would be behind the office building.
Commissioner Dickmann commented the letter sent to Mr. O’Malley from Mr. Wagner clearly states that keeping trucks was not permissible until he changed the conditional use permit. Mr. O’Malley stated he received permission from Pete Wagner to continue renting the trucks until after the meeting.
Commissioner Siira questioned how many vehicles could be stored behind the office building. Mr. O’Malley stated he could store two behind the office building.
Commissioner St. John commented the trucks could be stored in the back three recommended spaces or pull them into one of the rental units. The Commission would not allow them to be stored in the front corner.
Commissioner Correll questioned how long the truck rental had been going on. Mr. O’Malley stated they finished construction in December of 2004 and began renting trucks sometime in 2005. Commissioner Correll questioned if there had been any complaints regarding the truck rental before it came up inadvertently. Mr. Fortin stated there were not any complaints that he had received or that Mr. Wagner had received.
Mr. O’Malley questioned if the tenant in the upstairs apartment could park her car in the front parking space instead of the behind the building. Mr. Fortin commented that is what the spaces were intended for not for parking trucks or vans.
Mayor Bolender stated he wanted the trucks moved from view of Ryan Road the next morning. The trucks need to be out of site in the back of the lot and not near the front by the fence even with landscaping you would be able to see them at that location.
Commissioner St. John stated he would not allow the trailer but it could be stored inside of a storage unit.
Commissioner Dickmann suggested modifying 7c talks about outdoor storage space and then is repeated again in 7f. Mr. Fortin suggested leaving it in both because it would reiterate the point and 7f talks about merchandise as well. He felt the best thing would be to strike storage or from 7f.
Mr. Mark VerHalen, 1200 E. Ryan Road, commented if a masonry wall was constructed instead of a fence it may hide the trucks. Mayor Bolender disagreed because it was too nice of a looking setup at this time with the wrought iron fence.
Commissioner Dickmann questioned if the suggested placement for the trucks was part of the conditions and restrictions or if it was just for the Commission’s information. Mr. Fortin commented it could be added as an addendum to the conditions and restrictions.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the conditional use permit for the property at 840 W. Ryan Road be amended to allow for the outdoor storage of no more than five (5) moving trucks or vans for rent subject to the amended conditions and restrictions, which include they shall not be visible from Ryan Road after a public hearing.
Commissioner Grabowski seconds.
Roll call, all voted aye. Motion to approve carries.
Sign Plan Review – Maritime Savings Bank Center
111 W. Ryan Road
Tax Key No.: 906-9010-001
Mr. Fortin explained to the Commission the applicant was requesting approval of a sign plan for the Maritime Savings Bank Center.
Commissioner St. John questioned the dimension of the letters on the reader board sign. Mr. Fortin explained that was an existing reader board sign.
Commissioner Sokol questioned how far out the canopy would extend from the building. They (applicant) stated it was approximately six feet which was the same width as the sidewalk.
Commissioner Siira questioned if a company came in with a corporate color that was not red did he foresee that being a limitation to the sign plan. They (applicant) explained they had originally proposed adding a logo of any color but in the process it was eliminated and if future tenants cannot conform then they will not have a sign.
Commissioner Dickmann moved that the Plan Commission approve the sign plan for the Maritime Savings bank as proposed.
Commissioner Grabowski seconds.
Roll call, all voted aye. Motion to approve carries.
Certified Survey Map – The Gathering & The Cornerstone of Oak Creek
8825 S. Howell Avenue & 155 W. Sunnyview Drive
Tax Key No.: 859-9992-001 & 859-9007
Mr. Fortin explained to the Plan Commission the applicant was requesting that the City approve a certified survey map for the properties at 8825 S. Howell Avenue & 155 W. Sunnyview Drive. The proposed CSM would move property lines so the Cornerstone Property would have a large undeveloped portion of the property.
Attorney Lisa Wood representing the Gathering Partners, expressed concern with the occupancy permits. There is a current project that the tenant will be requesting occupancy within about a week. The purchaser did intend on occupying this space and this would prevent him from doing so. There a few issues as far as getting the parking lot completed. There is no problem with condition #2 but as far as the parking lot is concerned it is not something that was required by code at the time of approval but was added on after the fact. It is in the offer to purchase that the buyer is responsible for completing the parking lot. She requested the occupancy not be part of the approval but that she gives them some sort of guarantee. Mayor Bolender suggested giving them a date and if the parking lot is not completed by that date because the landscaping can be done. We could probably write in that the parking lot has to be done by May 15 or else. Attorney Wood questioned if it would be sufficient to just have in the condition that she could not begin development of the Lot 2 as incentive to ensure that the buyer get the parking lot done. Commissioner St. John stated it would not work because the obligation would belong to parcel 1 and there is no hold on them to get it done.
Commissioner St. John questioned if parcel 2 and 3 were going to be joined. Mr. Fortin explained they would be joined to create one parcel. Commissioner St. John stated once parcel one is sold there is no leverage over the new owner. Attorney Wood stated they would be happy to guarantee that the parking lot is completed. Mayor Bolender questioned what leverage the City would have over them. Attorney Wood stated lot 2 could not be developed until the parking lot was done on lot 1.
Assistant Fire Chief George Krudop pointed out the back wall was originally to be connected to the back building and the parking for the original project was the basement of the existing basement. The building temporary wall has gutters to catch water that runs in. The parking is a real problem; it is a fire code issue. The parking is very inadequate and when the second floor is opened up there will be more patients and parking will get worse not better.
Commissioner St. John commented he does not like a bond because they would be bonding something they will not own. The cleanest thing for the City would be to approve the CSM and not record it until the work is complete. If they are willing to wait until it is complete to start phase two then the schedule has not been changed. Attorney Wood stated they would lose the buyer and then there would be no need for the CSM which would further delay development of the back parcel. She also commented the practice was going to remain the same it would just be moving to the second floor.
Mayor Bolender suggested getting the buyer involved. Attorney Wood stated they could try.
Commissioner St. John commented with the condition the land is in was a concession to begin with and now they are being asked to allow the owner to sell it in that condition. Attorney Wood commented there would be an additional easement recorded for parking on the current Cornerstone lot that will be available for the Gathering.
Attorney Wood suggested adding into the offer to purchase a provision that would survive closing indicating that the seller had the right to come in and complete the parking lot by a specific time frame and the Gathering Partners guarantees to the City that it will be done by that date. That would give recourse against Gathering Partners.
Commissioner St. John questioned if anyone has calculated the greenspace on the front parcel. Mr. Fortin pointed out the staff report indicates there would be 36% greenspace on the front parcel.
Mayor Bolender suggested the item be held until the situation could be worked out with Engineering and Planning before it returns to the Commission. Mr. Fortin explained the reason it was brought to the Commission in a timely manner was because the applicant was in a hurry to close on the property and staff felt conditions 2 and 3 would handle the concerns.
Ms. Cathy Despot, The Gathering, commented she has heard from George on the project and she takes responsibility for the tenants that are there and what she promised the City. She needs to sell the project and close in March and she will need George’s help to get it done. She would like to work with the Commission and the Fire Department to get this project done. Mayor Bolender commented they almost have to table the item because they City can’t keep control and force anybody to finish anything.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the certified survey map for the properties at 8825 S. Howell Avenue & 155 W. Sunnyview Drive be approved subject to the following conditions:
Commissioner Siira seconds.
Roll call, all voted aye. Motion to approve carries.
Sign Ordinance Update – Multi-Tenant Center Signs Discussion
Mr. Fortin explained to the Commission staff would like to discuss multi-tenant center signage. Multi-tenant centers are commercial, office and manufacturing/industrial buildings with two (2) or more tenant spaces.
Commissioner Grabowski questioned if there has been discussion with the City Zoning Administrator on this issue because she felt it would be beneficial for him to be present at the meeting to add his input. Mr. Fortin commented he was not sure what he would be able to ad to the sign ordinance update. Mr. Fortin has been working on this project for some time at a directive of the Plan Commission sometime just after he was hired. He has reviewed the changes along with other staff.
Commissioner Siira questioned if this was intended to include retail. Mr. Fortin stated retail does fall under commercial. He did add an item to deal with concerns with tenants that don’t really have any building frontage but they get a sign because each tenant is allowed a wall sign. It allows the Commission if they choose, if it fits in with the architecture to grant them if they don’t have their own entrance. Commissioner Siira questioned if it adequately covered buildings that are visible on all four sides. Mr. Fortin stated it does not touch on that and it would be a good idea to some like that with the retail outlots like the Panera building. When it comes back in ordinance form he will talk about four sided architecture.
Commissioner Siira commented there should be some language to allow the tenant the ability to have signage within their glass areas. Mr. Fortin questioned if the Commission had some type of percentage they would like to see on window signs.
Commissioner Grabowski commented she liked the flexibility that was built into the ordinance.
Commissioner Dickmann questioned how you would work with a retail development that would only allow one color or similar type of situation. Commissioner Correll commented the tenant would need to come to the Commission with an appeal. Commissioner Siira commented he did not feel that a building with all the same color and font for the sign letters was not necessarily better.
Mayor Bolender did not want to see all signs in the City the same because that would be boring. They have to respect businesses.
Commissioner Dickmann commented not all traffic directional signage could be set up at the same time. There needs to be allowances in the ordinance for changes to the plan.
Commissioner Siira commented the McDonalds building was allowed additional signage in the towers but the building doesn’t even look like it has any signs. The building turned out great.
Commissioner Dickmann moved to adjourn. Commissioner Grabowski seconds. Roll call, all voted aye. The meeting was adjourned at 8:52 pm.