MINUTES OF THE
TUESDAY, APRIL 24, 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 Siira, Commissioner Kopplin, Mayor Bolender, Commissioner Grabowski, and Commissioner Nowak. Commissioner Sokol arrived at 7:05p.m. Also present were Jeff Fortin, Planner, Assistant Fire Chief George Krudop and Peter Wagner, Zoning Administrator.
Commissioner Grabowski moved to approve the minutes of April 10, 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 17, 2007 Common Council meetings. There were no comments or concerns from the Commissioners.
Sign Appeal Hearing – Lamar Outdoor Advertising
9315 S. 13th Street
Tax Key No.: 877-9995-004
Mr. Fortin explained to the Commissioner Lamar Outdoor Advertising was requesting a variance from Section 17.0707 of the Sign Ordinance which states that “No sign shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without conforming with the provisions of this Section.” Since they are proposing moving, reconstructing and converting the sign they no longer will enjoy their legal non-conforming status unless they receive a variance.
Mr. Kurt Weis spoke in favor of the sign variance.
No one spoke in opposition of the sign variance.
Commissioner Grabowski questioned if Mr. Weis has had discussions with Planning to move the sign to another location. Mr. Fortin commented the sign could not go anywhere without a variance. Commissioner Grabowski questioned where the Planning Department would suggest they put this sign. Mr. Fortin commented if the hotel needed to move the sign that they work out a deal to get rid of the sign not to move it. Mr. Weis stated he would not move the sign or get rid of the sign because he had an easement and was a legal non-conforming use.
Mayor Bolender called three times and then closed the public hearing.
Commissioner Grabowski moved to deny the request for a variance from Section 17.0702 and 17.0707 from Lamar Outdoor Advertising for the billboard located at 9315 S. 13th Street.
Commissioner Dickmann seconds. Roll call, all voted aye. The motion to deny carries.
Sign Appeal – Oak Creek Urgent Care
8261 S. Howell Avenue
Tax Key No.: 813-9009-004
Mr. Fortin explained to the Commission the applicant was requesting a variance from Section 17.0706(i)(1) of the City’s Zoning Ordinance which states that multi-tenant buildings may provide one wall sign for each business.
Mr. Chad Schultz, Innovative Signs, spoke in favor of the sign. He explained the sign was to potentially attract more business from the Woodman’s parking lot.
Mr. Fortin suggested the strip mall owner come forward with a sign plan for the entire site to avoid variance requests from each tenant or future tenant.
Commissioner Dickmann commented the back of the building was not really set up to have signs and would not be conducive for nice looking signs.
Mr. Schultz questioned what the Commission would be looking for in a sign plan. Mr. Fortin suggested something similar to the Panera building.
Commissioner Kopplin questioned if this was a planned unit development. Mr. Fortin stated it was not. Commissioner Kopplin commented the Commission denied someone signs on the back of their building to face Pick n’ Save. She questioned how they could say it would be okay at this location and still be consistent. Mr. Fortin commented no one said it was okay. The Qdoba building only got signs for the Qdoba and the Brueggers not the two tenants in the middle.
Mr. Mark VerHalen, 3rd District Alderman, 1200 E. Ryan Road, commented he felt a lot of businesses would benefit as well as the Fire and Police Departments to have some kind of identification on the back.
Assistant Fire Chief George Krudop pointed out the Code already requires addressing on the rear access doors.
No one spoke in opposition of the sign.
Mayor Bolender closed the public hearing after calling three times.
Mayor Bolender directed the item held until the developer brought forward a sign plan for the entire building.
Sign Appeal Hearing – Jim Dandy’s
8900 S. 27th Street
Tax Key No.: 856-9992
Mr. Fortin explained to the Plan Commission the applicant was requesting several variances from the sign code to allow for a new pole sign along S. 27th Street.
Attorney Roger Pyzyk, representing Mr. James Iwinski, explained the history behind the existing pole sign that they were requesting the variances for at this time. He suggested the portable reader board sign and the banner be taken down as a compromise for the 15 additional square feet added to the preexisting pole sign. He also suggested upon the sale of the property the sign would be removed from the establishment. The sign sits in the City right-of-way and he also suggested an agreement be drafted to indemnify the City and holding the City harmless from any and all liability for the portion of the sign that sits in the City right-of-way.
Mr. Tom Michalski, 6th District Alderman, commented he would prefer to have the new sign up and get rid of the reader board sign on the bottom.
Commissioner Grabowski expressed concern for the sign poles having been in the right-of-way for some time. Mr. Wagner explained the west pole for the sign did not exist in 1984 and was added sometime after Mr. Iwinski purchased the property. The sign is too large, internally lit and within the right-of-way.
Commissioner Correll questioned if he could put the exact same sign back up that was replaced. Mr. Fortin stated they would have to consult with the City Attorney because the sign was completely removed. Mayor Bolender did not agree and argued he was just replacing a wind damaged sign.
Mayor Bolender called three times and closed the public hearing.
Commissioner St. John moved that the Plan Commission approve the sign arrangement for the pole sign with the following conditions:
Commissioner Grabowski seconds.
Commissioner St. John motions to reconsider. Commissioner Grabowski seconds. Roll call, all voted aye.
Commissioner St. John moves that the Plan Commission approve the request for variance from the following sections:
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Conditional Use – Sancha Landscaping and Four Star Celebrity Limousine Service
904 E. Rawson Avenue
Tax Key No.: 731-9990-001
Mr. Fortin explained to the Plan Commission the applicant was requesting a conditional use permit to allow for outdoor storage of landscaping materials and business related vehicles along with outdoor storage of limousines for the limousine service business located on the property at 904 E. Rawson Avenue. The City’s zoning ordinance requires a rezoning to M-1, Manufacturing District, with a conditional use to accommodate the contractor’s yard with outdoor storage. The limousine service also requires rezoning to M-1 and a conditional use permit for outdoor storage.
Mr. Samer Abulughod argued that he was not aware that his business did not meet the zoning requirements and never received notification from the City to that effect. Mr. Fortin explained the City Attorney had laid out some options that could allow the business to work on the site. Ms. Lintzeris commented that Mr. Sancha and his landscaping business had left the site and now they would like to do what is necessary to keep Mr. Abulughod’s business.
Commissioner Grabowski commented the City Attorney clearly states the business has no standing since they initially chose to open up without obtaining any of the required permits. She also commented the business was not compatible to the surrounding land uses or for the future land use map. She also questioned what they would need to do to keep the business operating at the site. Mr. Fortin stated they would need to have the limousines in a building. The zoning code allows for a garage that can be used for the storage of vehicles. If the limousines were inside of a building there would not be an issue. The issue is the outside storage.
Ms. Lintzeris questioned what they would need to do as far as getting a garage. Mayor Bolender suggested they come in and find out what the setbacks were and where the garage could be located. Ms. Lintzeris questioned if Mr. Abulughod could still operate his business if he decided to stay and put up a garage.
Commissioner St. John commented if they were going to stay and make an investment in a garage they should do it rather quickly before the construction starts. He also questioned if he contacted the neighbor to see if he had any room in his garage.
Commissioner Dickmann commented the site was a disaster in the rear of the property.
Mayor Bolender suggested they contact Bestway Bus Co. and see if they may have some room in the garages for the limousines.
Ms. Carol Grundy, 9160 S. Nicholson Road, expressed concern for the lot being rezoned to M-1 and the possibility of down the line someone putting up a porno shop.
Mr. Guy Kovales, 2130 E. Birch Drive, commented the business has been there for four years and the City has fallen down in what they were supposed to do. His business is quite an improvement over the last business.
Commissioner Kopplin commented she has received complaints regarding the business and had brought it to the attention of the City. Mr. Abulughod questioned what type of complaints she received. Commissioner Kopplin explained residents were not happy with the limousines and the things outside. The also were not happy when KEI came in.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the property at 904 E. Rawson Avenue not be rezoned from B-4, Highway Business to M-1, Manufacturing and that a Conditional Use permit for a contractors yard with outdoor storage and outdoor storage of limousines not be granted because it is not a compatible use for the zoning.
Commissioner Grabowski seconds. Roll call, all voted aye. Motion to deny carries.
Certified Survey Map – Thomas Kinnard Homes
9143, 9147, 9151 & 9155 S. 5th Avenue
Tax Key No.: Multiple
Mr. Fortin explained to the Plan Commission the applicant was requesting approval of a certified survey map that would combine three smaller parcels into two larger lots.
Mr. Tom Kinnard, 3665 Briandean Court, commented staff has thoroughly reviewed the proposal and he also feels it makes sense aesthetically and from an investment point and requested approval.
Commissioner St. John expressed concern for the owners of the parcels having held on to them for sixty years and now there is possibly a lakefront plan coming forward in the next month or two. He feels there should not be driveways coming out onto 5th Avenue because of the potential future development.
Mayor Bolender questioned if the applicant was sure he wanted to do this at this time. Mr. Kinnard stated he was sure he wanted to move forward. If he does not build and is later offered market value for his property he has not gained anything. Mayor Bolender would like to see the owners of the neighboring land make the money if there is money to be made when the lakefront development comes in. He suggested Mr. Kinnard wait and see what happens. Mr. Kinnard commented nothing has been done in that entire area in more than thirty years. Mayor Bolender commented it would be his funeral and he was trying to save him from himself.
Mr. Kinnard commented the driveways he was proposing would only be one car wide. Commissioner St. John commented there would be issues with garbage collection and other things.
Commissioner Grabowski questioned what the overlay on the map called for. Mr. Fortin questioned what overlay she was referring to. Commissioner Grabowski commented there was a Lakeview Village overlay map that should be discussed.
Commissioner Grabowski expressed concern for allowing the homes to go in and would IRG then comment that the new residential homes may not fit in with their plan. She again questioned what the overlay district was calling for. Mr. Kinnard stated he has had conversations with IRG and they have clearly stated they are not addressing the west side of 5th Avenue. Their scope is the east side of 5th Avenue.
Commissioner St. John commented 5th Avenue was thoroughfare and if they put commercial east of 5th Avenue in any configuration the other side has got to go.
Mr. Fortin explained there has never been an approved overlay district for this lakefront area. The Comprehensive Plan will show what the Lakeview Village envisioned for the area. Depending on what IRG comes forward with the zoning may all change.
Commissioner Grabowski questioned if IRG would be coming forward within the next year. Mayor Bolender again stated IRG will come forward within the next two months.
Mr. Kinnard commented the street will look much better at least for the next five years with a couple of nice houses.
Commissioner Correll moved that the Plan Commission recommend to the Common Council that the certified survey map for the properties at 9143, 9147, and 9151 S. 5th Avenue be approved as proposed and that a variation is granted allowing for the lot width of 45 feet and lot area of 5,265 square feet, subject to the following conditions:
Commissioner Dickmann seconds.
Commissioner St. John requested the addition of a condition that they not be allowed to take access to the new parcels from 5th Avenue. First and second did not concur.
Roll call, Dickmann; aye, St. John; nay, Sokol; aye, Siira; aye, Kopplin; nay, Bolender; nay, Grabowski; aye, Correll; aye, and Nowak; aye. The motion to approve carries.
I-94 and 27th Street (Elm Road) interchange alternatives
Mr. Fortin explained to the Commission the Wisconsin Department of Transportation and City Staff have been working together to review possible alignments for the relocated 27th Street interchange with Interstate 94. The interchange is being relocated to the north, in the vicinity of Elm Road in order to minimize the impact upon the environmental corridor adjacent to the Root River.
Mr. Tom Petit with Milwaukee Transportation Partners representing the DOT gave a brief presentation of the I-94 north/south corridor project.
Alderman Michalski explained they have had two neighborhood meetings regarding the interchange and the residents of the area are opposed to any traffic coming down Elm Road from the exit ramp to 13th Street.
Mayor Bolender stated shuffling all of the traffic to 13th Street is like pour five pounds in a three pound package. 13th Street is the next thing to a nightmare and the traffic will go north to highway 100. Alderman Michalski asked for clarification on the Mayor’s comments, was he trying to say the area would not be developed until 13th Street was improved. Mayor Bolender explained he was worried that 13th Street would not be improved and the interchange gets put in and causes a traffic problem. Mr. Fortin explained the DOT was looking for some sort endorsement on a future layout so they can build the bridge and interchange. The east side will be up to the City and also be at their expense.
Ms. Kim Wergin, 1535 W. Elm Road, commented the residents of Elm Road would prefer a different option than the one being presented by the DOT. Mr. Fortin questioned which option she preferred. Ms. Wergin stated she preferred exhibit F.
Commissioner Siira commented alternative A would have the least impact on the residential neighborhood. Commissioner St. John commented that alternative had zero benefit for the City.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that Elm Road Interchange on Alignment 02 (Exhibit F) be endorsed as the preferred design alternative.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Plan Review – Oak Creek Medical & Professional Building (Jeffrey Adamczak)
7365 S. Howell Avenue
Tax Key No.: 765-9017
Mr. Fortin explained to the Commission the applicant was proposing to construct an office development at 7365 S. Howell Avenue. The development would be constructed in two phases. The first phase would include the northern office building, the stormwater pond, the access drive and the northern parking lot. The second phase would include the second building on the south end of the property and additional parking.
Mr. Jeff Grahl, Ott Development, presented material samples and explained the layout of the proposed buildings within the site and that they were trying to achieve a campus look and feel.
Commissioner St. John questioned if laterals were being brought in or if they were going to extend the City sewer and water. Mr. Grahl stated they would like to be able to bring laterals in but it would depend on what the City would require.
Commissioner St. John questioned if they had talked with the Sewer and Water Utility yet. Mr. Grahl stated they have talked with them but they have not gone through the entire site plan to show what all the fixture units are but the feeling is that there should be capacity to achieve what is trying to be accomplished.
Commissioner St. John questioned where the sign was proposed for the buildings. Mr. Grahl explained they were not asking for a sign approval at this point. The would probably be looking at putting a monument sign out.
Commissioner St. John pointed out if there was a traffic problem getting out the cue on building number two would block the traffic from building number one. It may be problematic in the future.
Commissioner Siira questioned if the stair channel was going to be used as a point of entry or just an emergency exit stair tower. Mr. Grahl had envisioned it to be used for emergency egress and possibly for the doctors to come in the back.
Commissioner Siira questioned what was being delineated on the on the site plan for turning radius was for fire trucks and not semi trucks. Mr. Grahl stated they did not envision semi deliveries of any kind.
Mr. Fortin suggested they consider making a connection with the sidewalk on Howell Avenue for both phases. Mr. Grahl agreed.
Commissioner Siira moved that the Plan Commission approve the site, building, and landscaping plans for the property at 7365 S. Howell Avenue, subject to the following conditions:
Commissioner Kopplin seconds. Roll call, all voted aye. Motion to approve carries.
New Temporary Sign Ordinance – Correction to adopted ordinance
Mr. Fortin explained to the Commission the text amendment would be correcting an incorrectly referenced section of code.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that Section 17.0706(j) be repealed as proposed.
Commissioner Sokol seconds. Roll call, all voted aye. The motion to approve carries.
Zoning Text Amendment – Duties and responsibilities of Zoning Administrator
Mr. Fortin explained to the Commission the Zoning Administrator is responsible for enforcement of several provisions of Chapter 17, the City’s Zoning Ordinance. Within that ordinance there are several references to the duties and responsibilities of the Building Commissioner. Since the Zoning Administrator position was created staff has worked with the City Attorney to create this ordinance which would replace or add Zoning Administrator to all applicable duties.
Mayor Bolender was uncomfortable with the Zoning Administrator making decisions on how high someone’s grass should be. Mr. Fortin explained it was designed for enforcement of approved landscaping plans on commercial sites. Mr. Wagner explained the content of the ordinance was not changed in any way it only adds “or a designee” and also delineated if there was a responsibility that was best suited for the Zoning Administrators position and not the Building Commissioner.
Commissioner Kopplin questioned if the correct statute was referenced in Section 22. Mr. Wagner commented that was one change that was added by the Engineering Department and DNR.
Commissioner Kopplin questioned why in Section 27 church and museums and nonprofits were left out. Commissioner St. John explained it was taking out on-premise signs that don’t need permits.
Commissioner Grabowski explained she had several concerns that she addressed with Commissioner St. John earlier. She did not want to see the enforcement person ahead of the Engineering Department.
Commissioner Sokol questioned the ability of the City to overturn any changes made at this time if they are found to be a mistake. Mr. Fortin explained they would just have to bring the item back through the same procedures.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the Zoning Ordinance be amended as proposed with a change to Section 37 substituting “Building Commissioner” to “Zoning Administrator”.
Commissioner Dickmann seconds. Roll call, all voted aye with the exception of Commissioner Kopplin. The motion to approve carries.
Commissioner Grabowski moved to adjourn. Commissioner Nowak seconds. Roll call, all voted aye. The meeting was adjourned at 10:00 p.m.