MINUTES OF THE
TUESDAY, APRIL 10, 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, Commissioner Kopplin, Mayor Bolender, Commissioner Grabowski, and Commissioner Nowak. Commissioner Correll was excused. Also present were Jeff Fortin, Planner, City Administrator Patrick DeGrave, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of March 27, 2007 Plan Commission meeting. Commissioner Dickmann 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 April 2, 2007 Common Council meetings. There were no comments or concerns from the Commissioners.
Temporary Use – LePine Enterprises, Inc.
9540 & 9578 S. Pennsylvania Avenue
Tax Key No.: 910-9985 & 910-9984
Mr. Fortin explained to the Commission over the past few months the Common Council had been holding hearings on a possible revocation of the conditional use permit issued to LePine Enterprises for the recycling contractor’s yard with outdoor storage located at 9540 & 9578 S. Pennsylvania Avenue. After numerous meetings, city staff, the Common Council and LePine Enterprises came to a negotiated agreement. The revocation proceedings were suspended and a revised conditional use permit was created and approved by the Common Council at the April 2, 2007 meeting. As part of the negotiated settlement and the terms of the new conditional use permit the City agreed to allow LePine Enterprises to apply for and operate under a temporary use permit until they have an approved site plan.
Mayor Bolender commented the Council along with Mr. LePine’s legal counsel worked very hard to come to an agreement and he also complimented staff and the counsel for Mr. LePine in regards to coming up with the terms and conditions.
Mr. Arden Degner, 9501 S. Pennsylvania Avenue, expressed concern with the restrictions on the berms and who would be responsible for taking them down once the site was full and closed up. He felt the site should be restored to its original condition when he Mr. LePine was ready to leave. He also questioned if the City should be responsible to pay to have the berms taken down because it was their requirement that they be there in the first place. Mayor Bolender explained the DNR controls the site not the EPA and the site was zoned for M-1. They have the DNR permits and what happens in twenty years no one can predict but the City will not be responsible for filling it in.
Alderman Ann Lampe, 3rd District, commented waiving the enforcement for the height of the material adjacent to the berms and waiving the requirement that the equipment be removed from the top of the berms until August 13 is excessive. It does not take 90 days to remove the equipment and it should not take 90 days to lower the piles beneath the height of the berms. The neighbors had to live with the situation last summer and should not have to live with again this summer, the time period should be shortened. She also questioned what would happen if the quantity of material was found to be in excess of the maximums after inspection. Commissioner St. John explained if they were out of compliance with the height and quantity of material then no more of the material would be allowed on site until they come into compliance. Alderman Lampe questioned if they would then be able to say they the additional material being brought on site was for the hole. Commissioner St. John explained if they say it is for the hole there is nothing the City can do about it because it then falls under the DNR permit.
Alderman Lampe questioned how the Plan Commission felt in regards to LePine being able to operate status quo for 90 days. Mr. DeGrave explained the document did not intend to have things operating status quo. The problem is the amount of material currently on site and the document basically states no additional material can be brought in. If the allowable quantities are exceeded, which the City believes they are at or in excess of at this time for concrete and asphalt, they will not be allowed to bring in additional material. The site needs to be brought into compliance and he needs time to dispose of the material piles. The 90 days was a negotiated amount of time that starts on the day that Mr. LePine has equipment confirmed to be delivered on site; which is May 14, 2007.
Commissioner Grabowski stated the operator agrees to make the property available to City Inspection for enforcement of the temporary use permit. Mr. DeGrave explained calculations of the site will be taken by staff so the City knows what quantities are currently on site. If the amounts are exceeded according to the terms of the temporary use and the conditional use permits he will be prohibited from bringing in additional materials.
Commissioner Grabowski questioned if the operator would be required to remove the equipment from the top of the material piles at the end of each business day. Mr. DeGrave stated he was not required to do so.
Alderman Lampe commented it was not a good trade off to give him 90 days for the opportunity to come in and inspect when the City would be granted that right with the issuance of a conditional use permit. Mr. DeGrave indicated the inspection right was not a quid pro quo for anything else. It is just being articulated that staff will be physically going on site and shooting GPS heights, widths and doing calculations.
Attorney Patricia Lauten, representing Bruce LePine, addressed the provisions of the temporary use permit and the need for the 90 days.
Mr. Bill Brown, 2300 E. Grange Avenue, B & G Concrete, commented Mr. LePine was trying to help the community not harm them. He is preventing people from burying concrete.
Mr. Michael Sanger, 3009 E. Forest Lane, commented the document does not mean anything if the City does not enforce the conditions. He also expressed concern for anyone being convicted three times within a one year period.
Ms. Diane Hofmann, 3009 E. Forest Lane, commented her trust with City has been broken. She has complained about the site but her concerns were ignored for the interests of Mr. LePine. She would like to know what was going to be done to monitor the site in the future. Mayor Bolender explained he did visit her neighborhood on several occasions and did not hear the noises that she had referenced.
Ms. Leann Spahn, 3010 E. Forest Lane, commented she was part of the original discussions with the neighbors in 2002 before the original conditional use permit was made. The conditional use permit has never gone into effect because he has never complied with the initial part of filling the hole. She questioned why he could not be held to the original 20 days of crushing during the winter months. She also questioned why the hearings were stopped. Mayor Bolender explained it was because of a negotiated settlement. He did not feel that anyone would win if the process was to continue another two years.
Mr. Mike Sebald, 2829 E. Ryan Road, commented he did not notice any of the problems the neighbors were talking about. He was in agreement with the current special use and would like to see the Plan Commission approve the permit.
Mr. Mark Popp, 2412 E. Ryan Road, commented he was a neighbor to the north of LePine and did not have any complaints about the operation. He also would like to see the agreement approved.
Commissioner Sokol questioned the zoning for the surrounding area and the length of time the current zonings have been in effect. Commissioner St. John commented the LePine property was rezoned from A-1 to M-1 in 2002.
Commissioner Sokol questioned the need for a conviction to trigger a remedy and what a conviction actually meant. Mr. DeGrave explained when a municipal court or otherwise finds a person guilty of an offense. Commissioner Sokol questioned if a trial was required. Mr. DeGrave explained a trial was not required unless requested in any situation. Commissioner Sokol did not understand why a conviction was being required in this particular case. Mr. DeGrave explained you can’t trigger a penalty based on an arrest or issuance of a ticket.
Commissioner Sokol questioned the purpose of the GPS system. Mr. DeGrave explained they would measure the volume and of the piles and determine the amount currently on site and whether he was in compliance or not. Commissioner Sokol questioned if volumes were exceeded would it trigger an arrest. Mr. DeGrave responded it would trigger a citation which would be a municipal forfeiture which would be a municipal violation and a trial if one was requested. Commissioner Sokol questioned the time frame for a trial if that was the route chosen. Attorney Lauten explained the reason the word conviction was in the agreement was the need for a distinction between someone calling and making complaint and an actual violation that has been proved. If a he is found guilty by a citation that in itself would trigger penalties or fines. Three or more would trigger something greater than a fine.
Commissioner Sokol questioned if Attorney Lauten would be amenable to change “conviction” to “citation”. Attorney Lauten explained there might be things that would require due process. Citations would be fine but there might be other things involved. Commissioner St. John reminded the Commission this was a six month temporary use permit so the language would expire in six months.
Commissioner Sokol again questioned if Attorney Lauten was amenable to changing the word “conviction” to “citation”? Attorney Lauten explained conviction and citation were two different things with two different penalties. The violations and penalties were written to cover a wide range of violations and penalties not just a citation. To change it you would then change it to cover one thing and the agreement was written to cover many different things.
Commissioner Sokol commented he was not trying to eliminate due process. He also questioned why the zoning was changed from A-1 to M-1. Commissioner Dickmann explained during the comprehensive plan review specific areas of the community were looked at and the group was not sure how certain areas would be developed so the zoning was A-1 as a holding pattern until a proposal was brought forward for the lands. In 2002 the change was made to M-1 following exactly what was expected of the Comprehensive Plan.
Commissioner Kopplin questioned when Forest Lane became a public street. Mr. Doug Seymour explained it was still a private street and the lots along Forest Lane do not have any public street frontage.
Commissioner Dickmann questioned how the temporary use would work with the conditional use permit. Mr. DeGrave explained Mr. LePine would have six months to submit a site plan and receive approval for the site plan. There are many hurdles that have to be achieved in order for this to be a going concern. The temporary use grants Mr. LePine time to put his business in order and put together what is necessary to submit and hopefully gain approval of the site plan. The temporary use would buy him the six month time to gain compliance and put his business in order.
Commissioner Nowak commented this was a six month permit and there would need to be three violations over a twelve month period.
Commissioner Grabowski asked for clarification on whether this would be a document that would be workable and that the City could actually enforce. Mr. DeGrave stated the easy answer would be yes.
Commissioner Kopplin questioned where it stated three convictions in a twelve month period. Mr. Fortin explained item No. 4 Violations and Penalties talked about the rolling twelve month period and refers back to the original conditions and restrictions.
Alderman Lampe commented it would only take one conviction to revoke the temporary use permit. The three rolling convictions has to do with the conditional use permit.
Commissioner St. John clarified it has been staffs position that the conditional use that was approved in 2002 was never activated. You can’t look for enforcement of something that was never granted authority.
Commissioner Grabowski questioned if the rolling twelve month period was consecutive. Mr. DeGrave explained it would be every day when you look back you look back twelve months.
Commissioner Dickmann moved that the Plan Commission approve the revised temporary use permit for LePine Enterprises as provided to the Commission this evening.
Commissioner Siira seconds.
Roll call, Dickmann; aye, St. John; aye, Sokol; nay, Siira; aye, Kopplin; aye, Bolender; aye, Grabowski; aye, and Nowak; nay. The motion to approve carries.
Plan Review – St. Stephen Catholic Church
1441 W. Oakwood Road
Tax Key No.: 953-9999-003
Mr. Fortin explained to the Commission in March of 2003 the Plan Commission approved site, building, and landscaping plans for St. Stephen Catholic Church at the southwest corner of S. 13th Street and W. Oakwood Road. That building was never constructed and they are now proposing a smaller church building. The new church will be 27,655 square feet in area. The building will primarily be brick with some cement board accent features. The building will also have a standing seam metal roof.
Mr. Todd Ovard, Groth Design Group, gave a brief description of the site plan. Commissioner Siira questioned with the square footage reduction if the entire building was just reduced proportionately. Mr. Ovard stated that was correct the original building was closer to 80 feet in height and this building is 52 feet at its highest point. The original square footage was at 43,000 and now we are at 27,000 square feet. Commissioner Siira questioned if the future addition would ever include a school space. Mr. Chris Guzatowski, 1128 W. Riverside Drive, explained the future vision for the potential addition would be for additional classroom space for family life center programming and not for a school.
Commissioner St. John commented with the reduction in the building there is more space and the Engineering Department is excited about the pond and thinks it may be one of the best ever in the City with the space and the way it is designed. He cautioned them on the entrance and informed them they would need a bypass lane.
Commissioner Siira expressed concern for mass letting out and people trying to short cut through the subdivision. Mr. Ovard was sure most of the traffic would exit from the east access point. There is the potential but from the previous approval it was required that the access drive be located directly opposite the existing drive on the north. Commissioner St. John commented he did not believe anybody would be getting a short cut because most of the traffic will come east and then go north. He also commented he loved the architecture but questioned if the stained glass would be coming over from the old church. Mr. Ovard stated it was something they were looking at but it would be on an interior basis at this point because of the change in architectural style.
Mayor Bolender questioned when they would be breaking ground. Mr. Ovard thought they would be breaking ground mid-summer.
Ms. Alice Pizak, 1711 E. Howard Avenue, addressed the question of the east drive and was under the impression the bypass would have to be on the north side of Oakwood Road and that would not be part of the delineated wetlands. Commissioner St. John explained it was not part of St. Stephen’s delineated wetlands but is now part of the detention basin for Armann Heights and it may be considered a wetlands on the other side.
Commissioner Siira moved that the Plan Commission approve the site, building and landscaping plans for St. Stephen Catholic Church at 1441 W. Oakwood Road subject to the following conditions:
Commissioner Kopplin seconds. Roll call, all voted aye. The motion to approve carries.
Plan Review – Oak Creek-Franklin Joint School District East Middle School
9330 S. Shepard Avenue
Tax Key No.: 873-9978
Mr. Fortin explained to the Commission the Common Council denied the rezoning request submitted by the Oak Creek-Franklin Joint School District to rezone the property at 3521 E. Oakwood Road from Rs-2, Single Family Residential to I-1, Institutional for a new middle school. The school district has decided that they will construct the new middle school on the current site of East Middle School located at 9330 S. Shepard Avenue. Once the new facility is completed the old East Middle School building will be razed and additional parking and play fields will be constructed.
The building will be a one-story, 179,000 square foot middle school (grades 6 through 8) with an anticipated capacity of 1,000 students. The exterior façade of the building is proposed to be a mix of precast concrete and brick.
Commissioner Siira questioned if the footprint of the new building would overlap the existing building. Eric Duvak, Eppstein Uhen Architects, stated the new building does not overlap because it needs to be in place before the existing building can come down so the footprint had to be avoided completely. Commissioner Siira commented the general appearance of the building worked pretty well.
Mr. Duvak gave a brief description of the building and the site plan and how it all worked together. Commissioner Siira questioned if the two courtyard areas that faced the river were primarily for light or would they be utilized in some way. Mr. Duvak explained they would be used two fold, one to add daylight to all of the classrooms and to provide outdoor learning areas.
Commissioner Dickmann questioned if the footprint of the new building would cause the loss of the tennis courts, the soccer fields, the skateboard and everything else. Mr. Duvak stated that was correct those items were not included in this project submittal. Commissioner Dickmann asked for clarification if the existing amenities would be gone. Mr. Duvak stated that was correct. Commissioner Dickmann questioned if the small play area for the children behind the accessory building would also be gone. Mr. Duvak stated those portions were being removed from this project and they are not being planned to be relocated to the site.
Mayor Bolender questioned what was going to happen to the skateboard park. Ms. Cathy Cramer, Director of Business Services, explained they were concentrating on getting the site done. At this point they have had discussions with City officials and the Director of Parks and Recreation in terms of how to relocate those but they are not far enough along at this point. They are trying to work through the site and get the building up and then work and see how to resolve the rest. Commissioner Dickmann commented there was a large cost to move the skateboard park and then store it for two years until they can find another site.
Commissioner Kopplin questioned if when they relocate the skateboard park was it going to be eventually back on the East Middle School site and at whose cost.
Commissioner Grabowski commented they are not far enough along at this point and she presumed when they got to that point the School would work with City staff and the Alderman for the area. Ms. Cramer stated the school was very aware and they have had preliminary discussions with the Park, Recreation and Forestry Director and they are committed to continuing those discussions but the goal at this point is to get the building going and looking at other things and then they will continue the discussions.
Commissioner Grabowski questioned if there was a separate entrance for the gym and where would it be placed. Mr. Duvak explained the building would have a separate night time entrance for evening activities in the gymnasium or stage area. Commissioner Grabowski questioned if the bike path towards the back of the building would need to be uprooted and removed. Mr. Duvak explained the intention was to actually relocate the trail to an area that is around the perimeter. It would be a far more pleasant location to have it snake around than to go right up against the school.
Alderman Lampe commented the Plan Commission needed a commitment from the School District to make the City whole for the park amenities that are being displaced. If not, money out of the park budget for future development of other areas is affected and it impacts the development of Abendshein Park and other things. If they want to put the building there they need to financially replace the facilities that the residents of the City enjoy at this time.
Commissioner St. John questioned what the agreement was with the skatepark. Was there an easement? Alderman Lampe explained they made it a modular system so if it ever needed to be moved it would actually cost less to move it.
Mr. Dave Kopplin, 9150 S. Shepard Avenue, questioned if there was going to be air conditioning in the building and if so where were the compressors. Mayor Bolender stated they were all roof mounted and shielded. Mr. Kopplin questioned if there were going to be lights on the new ball field. Mr. Fortin commented the lighting calculations would need to include calculations of the new baseball diamond to ensure that properties to the north are not adversely affected by field lighting. Mr. Duvak explained the ballpark plan that they were showing was for diagram only and is not part of the referendum money or the construction project. The air conditioning is on the roof and the building is further to the south than the existing building from the residential properties.
Commissioner Dickmann moved that the Plan Commission approve the site and building plans for the Oak Creek Franklin new East Middle School at 9330 S. Shepard Avenue subject to the following conditions:
Mr. DeGrave asked for clarification if that meant on their site or could it be at their expense they move the skateboard park to another facility. Commissioner Kopplin commented if they have a facility and they pay for it and move it somewhere it does not need to be specific to this site.
First and second concur.
Roll call, all voted aye. The motion to approve carries.
Plan Review – Mahn Court, LLC
7340 S. Howell Avenue
Tax Key No.: 766-9019
Mr. Fortin explained to the Commission the applicant was requesting approval of a 31,548 square foot addition to their existing multi-tenant building. The original site and building plans were approved on April 9, 2002.
Mr. Brad Demien, DBI, commented they did not show any landscaping along the north because of a power easement. Commissioner St. John questioned what the easement precluded. Mr. Darryl Willing, was told he could not put landscaping under the power lines. Mr. Fortin explained they could put certain plantings underneath but they can’t grow to a certain height. They need to work with the City Forester to come up with a plan for some landscaping that can go in that area.
Commissioner Siira questioned the need for the 30’ wide overhead door on the back and questioned what the need was for such a large door. Mr. Willing stated the tenant requested a larger door to work with their sprinkler piping.
Commissioner Siira questioned why the addition was being setback from the original building. Mr. Demien explained to the south there was another bump out that was another feature of the project. Structurally this made the project more economical. Commissioner Siira felt this was going to make the addition jump out as an addition.
Mr. Seymour suggested there be some indication of what the wall signage was going to be and asked that a coordinated signage plan be submitted for the development prior to the issuance of sign permits for any more wall signs.
Commissioner Sokol moved that the Plan Commission approve the site and building plans for the Mahn Court LLC building addition at 7340 S. Howell Avenue, subject to the following conditions:
Commissioner Grabowski seconds.
Roll call, all voted aye. The motion to approve carries.
Temporary Use – Colonial Woods Trailer
8100 S. 27th Street
Tax Key No.: 810-9012
Mr. Fortin explained to the Commission they approved a temporary sales trailer and development sign for the Colonial Woods project on January 9, 2007. One of the conditions of approval was that the trailer be connected to municipal sewer and water because it was going to be on site for more than 90 days.
Commissioner St. John questioned if there were fire hydrants on 27th Street. Assistant Fire Chief George Krudop commented they have not enforced the fire hydrant requirement for temporary sales trailers.
Commissioner Nowak moved that the Plan Commission approve the revised plans for the temporary sales trailer for the Colonial Woods Condominiums at 8100 S. 27th Street subject to the following conditions:
Commissioner Kopplin seconds. Roll call, all voted aye. The motion to approve carries.
Commissioner Grabowski moved to adjourn. Commissioner Kopplin seconds. Roll call, all voted aye. The meeting was adjourned at 9:07 p.m.