MINUTES OF THE
TUESDAY, MAY 22, 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, Commissioner Correll and Commissioner Nowak. Also present were Jeff Fortin, Planner, and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of the May 8, 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 May 15, 2007 Common Council meeting. There were no comments or concerns from the Commissioners.
Sign Appeal Hearing – LaQuinta Inn
7141 S. 13th Street
Tax Key No.: 763-9023
Mr. Fortin explained to the Commission the applicant was requesting a variance of Oak Creek Municipal Code, Section 17.0706(i)(3), which states that for free standing businesses and industries, the total number of signs shall be limited to two signs per street frontage. If granted, the variance would allow LaQuinta to install two additional “LaQuinta” wall signs, one on the east elevation facing S. 13th Street and one on the west elevation facing Interstate 94.
Mr. Fortin swore in Mr. Shawn Smith, Site Enhancement Services, South Bend, Indiana, who spoke in favor of the variance. He explained the reason for the request was limited visibility from Rawson because of trees and also for traffic safety issues on the west elevation for people to be able to see the building coming from the freeway.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, commented if the trees were blocking the sign the simple solution would be to move the sign not add additional signs.
Mayor Bolender called three times and closed the public hearing.
Sign Appeal – LaQuinta Inn
7141 S. 13 Street
Tax Key No.: 763-9023
Commissioner St. John questioned if they would be willing to trade the legal non-conforming pole sign for the additional wall signs. Mr. Smith explained they needed the sign to identify the exit to get off for the LaQuinta.
Commissioner Dickmann commented all of the information originally presented was for only one sign and now they are requesting two. If the 13th Street sign is not visible it should be removed. Mr. Smith explained the sign was place where the original Baymont sign was located. After looking at the site it was determined they would need an additional sign for visibility.
Commissioner Kopplin commented the pole sign also advertises for Sportland.
Commissioner Correll felt the way it was proposed all of the signs did not seem necessary. He would be in favor of the west elevation and the other sign being moved where it needed to be so it could be visible.
Commissioner Correll moved that the Plan Commission approve the request from LaQuinta Inn 7141 S. 13th Street for variance from Municipal Code Section 17.0706(i)(3) and allow for one additional wall sign on the west elevation facing Interstate 94 only.
Commissioner Grabowski seconds. Roll call, all voted aye with the exception of Commission Sokol who voted nay. Motion to allow the request for variance carries.
Sign Appeal Hearing – J.D.’s Truck Service
6819 S. Howell Avenue
Tax Key No.: 734-9994
Mr. Fortin explained to the Commission the applicant was requesting a variance of Oak Creek Municipal Code, Section 17.0705(d), which states that ground signs shall be located not closer than ten feet to a street right-of-way. If granted, the variance would allow J.D.’s Truck Service to modify their existing legal non-conforming ground sign which is currently setback two feet from the right-of-way. The modifications would allow for the installation of a changeable copy messageboard to the bottom of the sign.
Mr. Fortin swore in Mr. Dion Dull, of J.D’s Truck Service, who explained they would like to add a three level changeable copy sign on the bottom of the existing sign.
Mayor Bolender questioned if they would be using an electronic messageboard. Mr. Fortin stated they were proposing a changeable copy messageboard. Mayor Bolender stated it did not make sense to change a non-conforming sign and questioned if it would be in the right-of-way. Mr. Fortin explained it was setback two feet from the right-of-way and he was requesting a variance to modify a non-conforming sign.
Commissioner St. John commented the only way to get the signs backed off of the right-of-way would be to take every opportunity when the Commission has leverage and this is that chance.
Commissioner Kopplin commented she had no problems with this sign request. J.D.’s Trucking has done a good job, they paved the area, the house has nice landscaping and they have not been any trouble on Howell Avenue. The sign has been in existence for a long time and they have added landscaping and lighting to the sign.
Commissioner Siira commented the Classic Lanes sign was also within the right-of-way but the difference was they were making a significant improvement in the appearance of the sign. By adding a three row messageboard he did not feel that was an improvement to the look of the sign.
Commissioner Correll questioned if the readerboard was to replace what had been done in the past with temporary signage. Mr. Dull stated that was the case.
Commissioner Nowak commented since the ordinance was under review the sign could be moved and then later find out that it still was not in compliance with the right-of-way setbacks because of changes to the ordinance. Mr. Fortin explained that could be a possibility but that section of the ordinance is not anticipated to be changed. Commissioner Nowak felt they should not ask him to move the sign at this time but wait until after the new ordinance was approved.
Commissioner St. John suggested allowing the sign to stay at the current location until the sign ordinance has been approved and then moving the sign within the setbacks set by the ordinance. Mr. Dull would not be willing to agree to move the sign at this point.
Commissioner Correll explained he would have to look at the value of the reader board versus the cost of moving the sign back. In reality the setbacks are going to stay the same and the sign is going to have to be moved back. There are some hardships created by enforcing the temporary signage but that is not going away. Mr. Dull requested they be allowed to add the readerboard portion at this time and then if the setbacks are not changed with the new ordinance they would move the sign back off of the right-of-way.
Mayor Bolender called three times and closed the public hearing.
Sign Appeal – J.D.’s Truck Service
6819 S. Howell Avenue
Tax Key No.: 734-9994
Commissioner St. John moved that the Plan Commission approve the 10 foot variance from the right-of-way under the present Municipal Code and allow the changeable copy sign. The approval is for a six month period at which time the entire sign must meet the setbacks as determined in the updated Municipal Code.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Conditions and Restrictions – Liberty Corporate Preserve at Oak Creek
9950, 10068 and 10108 S. 27th Street
Tax Key No.: 927-9999-010, 927-9998 and 927-9997
Mr. Fortin explained to the Commission at the May 8, 2007 meeting the Plan Commission recommended that the Common Council rezone the properties at 9950, 10068, 10108 S. 27th Street from M-1 (PUD), Manufacturing/OO, S. 27th Street Office Overlay District, and B-4 Highway Business to M-1 (PUD), Manufacturing after a public hearing and subject to conditions and restrictions. The conditions and restrictions were presented to the Commissioners at this time for their review.
Commissioner Grabowski commented the west half of the site would be in the overlay district would be for the future retail building, the future office building and also the restaurant and would be a substantial deviation from the plan. Commissioner Grabowski questioned where else on 27th Street they should look at considering these types of variances. She felt this was a substantial deviation from the plan when they have a steering committee that has spent numerous hours on a plan. Mr. Fortin explained part of the reason it was coming in as a PUD was it would allow the City to have a little flexibility in design and it allows them to layout the site around the wetlands and the constraints that go along with that. Some of the variances are not significant deviations from the overlay district. It allows for some flexibility. You can still meet some of the design intent of the 27th Street Corridor Project and the landscaping requirements while still giving them a little flexibility under the Code.
Commissioner Grabowski questioned if building four would shrink dramatically in size if the wetlands are left the way they are. Mr. Neil Driscoll, Liberty Property Trust explained if they were not able to mitigate what they would call wetland three, they would have to build a smaller building. They have been in communication with the DNR and they are quite a ways down the road to mitigate that wetland, it is a low quality wetland.
Commissioner Grabowski expressed concern for setting a precedent for allowing such a substantial deviation from the plan and she would not be in support of this. Mr. Driscoll responded explaining the Southbranch Industrial Park was very tired and old and this plan would provide the best possible buffer for 27th Street. He disagreed that they were not presenting the best possible plan. Part of the new urbanism concept is to create enclosures and bring properties to the streetscape so that you don’t have great distances. The development on the other side of the street is a major variation to the plan with being so far back from the road. Originally they had the building in the middle with the parking in the front and the City wanted to hide the parking and show a more attractive building up front. They feel they are actually adding quality and value with the request for the variances.
Commissioner Grabowski stated it makes sense but she has concern with consistency and uniformity on 27th Street and feels her concerns have not been addressed to the best possible level.
Commissioner Sokol questioned the plans for the large parking area for the restaurant. Mr. Driscoll explained they would not be developing that property but would market the site and come back before the Commission with plans at the appropriate time but it shows a base parking for the market at this time. Mr. Fortin commented if this should be approved by the Common Council each building would be back before the Commission for site plan review which will help ensure that it does present an attractive face on 27th Street.
Commissioner St. John commented he felt the development was coming at an unfortunate time. He felt it was a quality development that had a lot of facets. The document with the variances lays out in entirety what is being requested and this is a great document for the Plan Commission and the Council. He stated the Council has voted on one of the thirteen variances and they have twelve more to work their way through and he felt this document should go forward to Council with an affirmative recommendation.
Commissioner Dickmann questioned if under “Time of Compliance” if things were all in order that they could move forward in a timely manner when necessary. Mr. Driscoll stated they were comfortable that all of the improvements would be in by the end of 2008. They were planning on developing the office and the middle building yet this year.
Commissioner Kopplin questioned if the office building would be the first building to go in. Mr. Driscoll explained it was but as a function of the TIF and to make it all happen fast enough to actually pay it off they were going to be building two buildings this year.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the attached conditions and restrictions as amended by staff and Liberty Property Trust and presented to the Commission this evening are adopted as part of the Planned Unit Development rezoning for the properties at 9950, 10068, and 10108 S. 27th Street after a public hearing.
Commissioner Nowak seconds. Roll call, all voted aye with the exception of Commissioner Grabowski who voted nay. The motion to approve carries.
Rezoning – Goodwill Industries Center for Work and Training
140 E. Rawson Avenue
Tax Key No.: 733-9991-001
Mr. Fortin explained to the Commission the applicant was requesting that the 13 acre property at 140 E. Rawson Avenue be rezoned from B-4, Highway Business to M-1, Manufacturing to allow for the construction of a Goodwill Industries Center for Work and Training. Goodwill has provided a preliminary site plan showing the proposed building location, parking areas and stormwater management ponds. Representative from Goodwill gave a short presentation on their program and the proposed project.
Commissioner Nowak moved that the Plan Commission recommend to the Common Council that the property at 140 E. Rawson Avenue be rezoned from B-4, Highway Business to M-1, Manufacturing after a public hearing.
Commissioner Dickmann seconds. Roll call, all voted aye. The motion to approve carries.
For a complete transcript of this item please see the Planning Department.
Official Map Amendment – Northeast ¼ of Section 28
911, 1105, 1106, 1125, and 1130 E. Fitzsimmons Road
Mr. Fortin explained to the Commission Don and Gina Brownell, the owners of 1106 E. Fitzsimmons Road have been trying to remove or amend the officially mapped road on their property since 2005 to allow them to place an addition onto the east side of their house.
Mr. Don Brownell, 1106 E. Fitzsimmons explained they have been trying for a couple of years to put an addition onto their home but have been running into road blocks because of the officially mapped street on the property. After several attempts he believes they now have a plan that seems to work for all involved.
Mayor Bolender commented he did not see a problem with the current proposal.
Ms. Betty Lukowski commented she owned the property to the south and the proposal would remove the access road to her property. She also expressed concern for construction vehicles having to go through the existing subdivision to develop her land. Mr. Fortin explained there were two other access points for her property from the subdivision.
Mr. Eddie Lukowski, 9950 S. Shepard Avenue, expressed concern for removing the road and limiting access to his property. Mr. Fortin explained there would still be two access points to the property.
Commissioner Grabowski commented she did not support keeping the road because she felt it was too narrow and the two access points from the subdivision were sufficient for access for the Lukowski property.
Ms. Lukowski questioned the officially mapped road that was on the lots on McGraw. Commissioner St. John commented if the property owners on McGraw were not ready to sell for development a developer could still put in lots with a dead end cul-de-sac from the other entrance until the property owners were ready to go ahead.
Commissioner Kopplin stated whoever was developing would not have to come across the road now because of this new road layout.
Mr. Eddie Arnold, 1105 E. Fitzsimmons Road, questioned if the foliage in the rear would have to be taken out for the easement. Commissioner St. John explained the future street width was sixty feet and how that is divided is up to the deal that comes out of this. They do not want to create problems with this.
Commissioner Grabowski moved that the Plan Commission recommended to the Common Council that the official map for the Northeast ¼ of Section 28 be amended as proposed after a public hearing and subject to the owners of 1105 and/or 1125 E. Fitzsimmons granting a 30-foot wide easement to allow for the future placement of watermains, sanitary or storm sewer.
Commissioner Siira seconds. Roll call, all voted aye. The motion to approve carries.
Official Map Amendment – Northwest ¼ of Section 16
640 E. Darcy Drive & 730 E. Forest Hill Avenue
Mr. Fortin explained to the Commission the applicant was requesting approval of an official map amendment for their property at 730 E. Forest Hill Avenue and the property to the west at 604 E. Darcy Drive. The request would result in the future Darcy Drive ending in a cul-de-sac on the property at 604 E. Darcy Drive. Staff is recommending the official map for this area not be amended as proposed.
Mr. Mike St. John commented he does not want a road going through his back yard. He can’t move his house forward because then it would be in a hole. He may be able to move the house back a little but he would like to see Darcy moved to the front of his house.
Commissioner Grabowski questioned what the land owner to the west was intending to do with his land. Mr. Fortin stated it was owned by a private citizen who did receive notice of the meeting but was not at the meeting.
Commissioner Grabowski questioned if they intended to see the future Darcy Drive go through. Mr. St. John did not believe so but that they only wanted to put in one house on the property.
Commissioner Correll questioned how they would get to their house if they did not come in off of Darcy Drive. Mr. St. John pointed out they have access from Forest Hill Avenue.
Commissioner Grabowski questioned if the resident to the west came in and stated he did not want the street on his land could he do that. Commissioner St. John explained he had a legal right to say he was not going to sell the land for the right-of-way but the City has the right to say he has to meet all the setbacks as if the road was actually there.
Commissioner Grabowski questioned if the owner to the west sent a letter stating their intentions would that simplify this matter and make the problem go away. Commissioner St. John explained they could not put any more houses on Darcy because of the 15 lot on a cul-de-sac rule.
Commissioner Kopplin questioned if they would be land locking someone’s land. Commissioner St. John explained they would not be land locking them but there would be no help paying for the street.
Mayor Bolender directed the item held until such a time as all of the neighbors could sit down with the Planning Department and the Alderman and work out some sort of plan for the area.
Plan Review – 66 Company Multi-Tenant Retail and Office Buildings
8930 S. 27th Street
Tax Key No.: 856-0070-005
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building and landscaping plans for a two-story multi-tenant office and retail building at 8930 S. 27th Street. The building would feature retail on the first floor and offices on the second floor. The building will be 9,600 square feet and will be constructed of brown-tone bricks and cream colored decorative split face cmu blocks.
Commissioner Grabowski questioned where access would be for the parcel. Mr. Fortin explained there was an existing access easement that was done as part of the original certified survey map. The access would be coming through the existing restaurant site which is to the south. There is a shared parking agreement for the three parcels that can not be terminated without all three owners agreeing.
Commissioner Grabowski questioned if Mr. Hua had any idea of who would be going into the proposed building. Mr. Hua stated the only proposed use they have at this time was for a family owned restaurant and possibly another food establishment.
Commissioner Grabowski questioned if Mr. Hua was aware of the 27th Street stipulations and guidelines. Mr. Fortin stated he has been working with Mr. Hua’s architect and he was given a copy of the guidelines.
Commissioner Grabowski questioned how Mr. Johnston felt regarding the one access point for the development. Mr. Johnston stated that would be a decision for the State and they have previously stated they would only allow one access for this entire development.
Commissioner Siira questioned if the owner would be able to answer some questions regarding materials, mechanical screening and signage. Mr. Hua stated he was not prepared to answer those questions but would try. Commissioner Siira expressed concern for a restaurant occupying the first floor space and an office space above on the second floor with respect to ventilation. Mr. Hua stated the restaurant would be very small and only seat 25 people or less because of a previously signed agreement.
Commissioner Siira questioned where the signage for the first floor had been envisioned. Mr. Hua stated they have not decided at this point about signs but they would be returning with a sign plan in the future.
Commissioner St. John commented the site plan predated the 27th Street Plan and questioned if the option of getting the parking behind the building had be explored. Mr. Hua stated the plan at this time had parking to the side and to the front and questioned if they moved the building up if they would lose parking. Mr. Fortin explained they would just be able to move the parking to the rear of the building.
Mr. Fortin suggested meeting again with Mr. Hua’s architect and try to rework the plan and put some of the parking in the back of the building.
Mr. Jim Stevenson, 8961 S. 26th Street, commented the 27th Street study was to prohibit high traffic uses. It also says to avoid conventional strip type of commercial developments. He likes the idea of the offices in the upper floor. They have a lot of issues with the current restaurant and they don’t feel they deserve another restaurant in this area. He also felt there could be a better use for this site if the City would just wait and give it some time to come along.
Mayor Bolender directed the item held.
Commissioner Grabowski moved to adjourn. Commissioner Correll seconds. Roll call, all voted aye. The meeting adjourned at 8:45 p.m.