MINUTES OF THE
TUESDAY, SEPTEMBER 11, 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.
Mayor Bolender called for a moment of silence in remembrance of the September 11 tragedy.
Commissioner Grabowski moved to approve the minutes of the August 28, 2007, regular Plan Commission meeting. Commissioner Dickmann seconds. Roll call, all voted. The minutes were approved as submitted.
Report on Significant Common Council Actions
There were no significant Common Council actions to report.
Certified Survey Map – Oak Creek Franklin Joint School District
9160 and 9330 S. Shepard Avenue
Tax Key No.: 873-9979-003 & 873-9978
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would combine all of the school owned properties in the vicinity of East Middle School.
Mr. Dave Kopplin, 9150 S. Shepard Avenue, questioned if the road dedication issue was taken care of on the certified survey map. Mr. Fortin confirmed it had been corrected on the map.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the certified survey map for the properties at 9160 & 9330 S. Shepard Avenue be approved subject to the following conditions:
- That the map is revised to show the watermain easement prior to recording.
- That all technical corrections are made prior to recording.
- That the drainage, sanitary sewer, and watermain easement documents are created and brought to the Common Council to be approved along with the certified survey map.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Site Plan Review – LePine Enterprises, Inc.
9540 & 9578 S. Pennsylvania Avenue
Tax Key No.: 910-9985, 910-9984
Mr. Fortin explained to the Commission the applicant has prepared a site plan and is now requesting Plan Commission approval of it. The plan details the location and quantities of materials stored on the site. All of the piles are required to be stored so their maximum height is below berm height. The berm will be landscaped with a mix of trees and shrubs to make it more attractive and to provide additional screening.
Commissioner St. John questioned if the gravel stock pile was the material from the concrete stockpile. Mr. Bruce LePine stated it was.
Commissioner Grabowski questioned if Mr. LePine had met all the conditions and restrictions in regards to how many trees will be on the berms. Mr. LePine stated to the best of his knowledge he has met them and is over the minimum.
Ms. Diane Hoffman, 3009 E. Forest Lane, questioned if a time limit was given for the landscaping. Mr. Fortin explained the conditional use had time frames that would need to be followed once the site plan was approved. Ms. Hoffman also questioned if the gravel wasn’t supposed to be five feet below the berm. Mr. Fortin stated it was a condition from the conditional use permit and according to the Zoning Administrator he is currently in compliance with the pile height. Ms. Hoffman questioned how often the site was monitored because she believes they are in violation by leaving equipment on top of the berms at night. Mr. Fortin was not aware how often the Zoning Administrator visits the site but directed Ms. Hoffman to call him if she notices a violation. Ms. Hoffman requested the Commissioners come to her house and hear the noise that she has to deal with from the LePine property on a daily basis. Commissioners Sokol, Nowak, and Grabowski volunteered to visit her property.
Commissioner Sokol questioned why Mr. LePine had the concrete crushing equipment on the site closest to the neighbors. Mr. LePine explained everything was located on the site to try and minimize the amount of backing up and to keep a good flow through the site. If the Commission preferred next year he could possibly try to relocate the piles on the site.
Commissioner Sokol questioned if Mr. LePine had ever contacted his neighbors to try and take their concerns into account. Attorney Patricia Lauten responded the neighbors immediately around his property have no complaints and have testified to that repeatedly at the Common Council meeting. Commissioner Sokol questioned if Mr. LePine had worked with the neighbors who were present at the meeting to help them out with their concerns. Attorney Lauten stated yes, Mr. LePine constructed a higher berm on the east side just for Ms. Hoffman. He has added more trees to the landscaping on the east side just for one person and he has also offered to move the piles around for her tonight. He has done a number of things and increased the expense of his property for the neighbors on the east side.
Ms. LeAnn Spahn, 3010 E. Forest Lane, commented it was not just one neighbor that had concerns. She was still hearing the beeping and there is still dirt in the air. Mayor Bolender commented these are the same complaints that the Common Council heard and the Common Council has voted. At this point we are reviewing the site plan.
Commissioner Correll questioned if there was any record of any abuse on Mr. LePines part. Mayor Bolender commented the Common Council votes yea or nay after examination, upon examination, upon examination. The Common Council then took the position that Mr. LePine has a right to do business. This is not this body’s responsibility to supercede or second guess the Common Council. Commissioner Correll again asked if there has been any violation on his part. Mayor Bolender commented the Council has told the Plan Commission to go forward and review the plan at this time. Commissioner Correll commented his questioned has nothing to do with the Council, he understands their vote. He just questioned if there were any violations on record as she has implied to the police or anyone else that there is a problem. Attorney Lauten commented the police have been called and have been to the property and have found no violations.
Commissioner Dickmann moved that the Plan Commission approve the site building and landscaping plans submitted for 9540 and 9578 S. Pennsylvania Avenue subject to the following conditions:
- That the proposed lighting plan be reviewed and approved by the Electrical Inspector before the issuance of any building permits.
- That the pole mounted light be turned off during non business hours.
- That the final site grading, drainage and stormwater management plans are approved by the Engineering Department prior to the issuance of building permits.
- That all building and fire codes are met.
- That all fire hydrants must be painted purple signifying non-potable water with warning signs posted on the hydrants.
Commissioner St. John seconds.
Roll call, all voted aye with the exception of Commissioner Sokol who voted nay. The motion to approve carries.
Alley Vacation – E. Dexter Avenue
E. Dexter Avenue, between 5th and 6th Avenues (Southeast ¼ of Section 23)
Mr. Fortin explained to the Commission the applicants are requesting that the City vacate the 15-foot wide alley right-of-way behind their properties.
Commissioner St. John moved that the Plan Commission recommends to the Common Council the right-of-way for the alley along E. Dexter Avenue be vacated as proposed, after a public hearing.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Sign Plan Review – TCF Bank
8995 S. Howell Avenue
Tax Key No.: 859-9043
Mr. Fortin explained to the Commission staff was requesting the Commission to determine whether a sign proposal by TCF Bank constitutes a window sign or not. TCF Bank currently has a four-sided set of channel letters in the tower at their branch location at 8995 S. Howell Avenue. TCF is now requesting approval to remove the channel letters and replace them with vinyl window graphics that would cover the entire window on all four sides.
Commissioner St. John stated there was no doubt in his mind it was a wall sign. The problem was the definition and the language in the ordinance. Mr. Fortin commented the sign ordinance that was currently being reviewed had a cap of 25 percent of the window area. Commissioner St. John stated that sounded like a good number.
Mayor Bolender felt it was a nice building and the proposed signage would distract from the building and make them look desperate. The sign company representative explained the reasoning behind the proposed sign changes had to do with the ventilation and the way the existing signs work. There have been problems with the current signs so they are proposing vinyl signs on the windows.
Commissioner Siira commented he also felt the proposed vinyl signs would be considered a wall sign.
Commissioner St. John suggested if the problem with the current signs were ventilation they should add a vent.
Commissioner Dickmann recommended the Plan Commission consider the proposed window signs as wall signs.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion carries.
The following two items were taken as one motion:
Certified Survey Map – Country Creek Homes (Stone Creek)
2521 E. Sharon Drive and 2630 E. Puetz Road
Tax Key Nos.: 824-0310 & 824-9001
Preliminary Plan – Stone Creek Addition (Country Creek Homes)
2630 E. Puetz Road
Tax Key Nos.: 824-0310 & 824-9001
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would create two parcels and two outlots. The two outlots would be developed as the Stone Creek Addition Subdivision. The lots do meet the requirements of the Rs-4, Single Family Residential zoning district.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the certified survey map for the properties at 2521 E. Sharon Drive and 2630 E. Puetz Road be approved subject to the following conditions:
- That all technical corrections are made prior to recording.
- That the final grading plan is approved by the Engineering Department prior to recording.
Commissioner St. John also moved that the Plan Commission approves the preliminary plat for the property at 2630 E. Puetz Road subject to the following conditions:
- That all technical corrections are made prior to final plat submittal including changing S. Sharon Drive to E. Sharon Drive on the face of the preliminary plat.
- That the final site grading and drainage plans are approved by the Engineering Department prior to recording.
- That the final site utility plans are reviewed and approved by the Water and Sewer Utility.
Commissioner Grabowski seconds. Roll call, all voted aye. Both motions to approve carry.
Certified Survey Map – FR/Cal Oak Creek, LLC (First Industrial Oak Creek)
305 E. Mahn Court
Tax Key No.: 766-9026
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would correct a previously recorded CSM that was missing a segment of land.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the certified survey map for the property at 305 E. Mahn Court be approved subject to any technical corrections, including the addition of the storm sewer easement, are made prior to recording.
Commissioner Sokol seconds. Roll call, all voted aye. The motion to approve carries.
Conditional Use – Green Man Wood Services
9000 & 9100 S. Nicholson Road
Tax Key Nos.: 862-9991 and 872-9994-008
Mr. Fortin explained to the Commission the applicant was requesting approval of a conditional use permit that would allow them to operate a lumberyard and contractor’s office with outdoor storage of vehicles, material, and equipment. The primary business is lawn maintenance, landscaping, tree removal and the recycling of wood products.
Commissioner St. John questioned if the applicant intended to leave the area marked as green space for green space. Mr. Dan Gustin, Green Man Wood Services commented it would take them several years to grow into the designated areas at this point. Commissioner St. John pointed out because it was designated as green space he would need to return to the Commission in the future if he wanted to change that designation. Mr. Gustin stated that would be fine.
Mayor Bolender commented he was not interested in allowing the boat or vehicle parking for ninety spaces. If they were going to have a tree cutting business that would be great but storage of old cars and trucks was not something the City would want to see in that area. Mr. Gustin commented the area would be mostly covered by trees and it would be over 600 feet from the neighbors.
Mr. Ron Grundy, 9160 S. Nicholson Road, commented he did want to see a lot full of junk vehicles but was not completely against the storage idea. He did think the storage would develop into a problem.
Ms. Carol Grundy, 9160 S. Nicholson Road, commented they would not be happy with RV or boat storage but she did not think the lumber yard or the wood products would be a problem.
Mr. Mark Link, 9198 S. Nicholson Road, expressed concern for the green space area and that being future expansion because that would be directly behind his home. Mayor Bolender commented it would be a large chunk of green space.
Ms. Kay Connelly, 9211 S. Nicholson Road, expressed concern for the small children in the area and the additional traffic in the area that would come with storage. Mayor Bolender commented traffic would be heavy on Nicholson either way.
Commissioner Grabowski commented she would not be supportive of long term boat/RV storage.
Mr. Fortin questioned if the Commission had a number of vehicles in mind that they would allow or were they thinking of not allowing storage in any case.
Commissioner Nowak questioned if they would pursue the site without the storage. Mr. Gustin commented it would be something they would have to discuss being a small business and this being such a tremendous facility.
Mayor Bolender suggested 35 or 40 vehicles for a certain period of time and seeing how it went before extending the dates. Ms. Grundy stated it would be a problem and there really was not a number that she would be satisfied with besides one. The wood place would work fine for the area but not the storage.
Commissioner Dickmann suggested seasonal parking for RVs during the winter months. Mr. Gustin commented recreational vehicles would be used at certain times of the year and not every weekend.
Mayor Bolender questioned how far away the Grundy property was from the proposed storage area. Ms. Grundy stated the property ran right behind hers. Mr. Gustin explained the vehicle storage area was moved to the opposite side and would be almost 600 feet from the homes.
Alderman VerHalen commented if something was to go forward he could conduct another neighborhood meeting. This has to move forward to Council for discussion after Plan Commission and be further discussed.
Mr. Peter Gustin co-owner, commented there were 12 ½ acres of land and the financial obligations were forcing them to try and come up with another way to help with the financial responsibilities that go along with a property of this size. You would not be able to see the vehicles from the homes because of the fences and the landscaping. Hopefully the business will expand in a couple of years to occupy the entire property and the storage could be eliminated.
Mr. Steven Roeske, 9025 S. Nicholson Road, commented he lived across the street and the outside storage was an issue that needed to be dealt with. It is a great opportunity for a business to expand at this site but that would encompass several materials. The storage of materials seemed a little vague because there were several types of materials that could potentially be stored on the site.
Commissioner Dickmann suggested adding a stipulation that all vehicles be licensed.
Commissioner St. John expressed concern for this becoming an eye sore in the future. Mr. Gustin replied there would be landscaping in front of the storage area. If the height was a problem then maybe that needs further discussion.
Mayor Bolender directed the item held.
Zoning Text Amendment – Metal Roof restrictions for residential buildings
Mr. Fortin explained to the Commission at the last meeting the item was held until a display board showing standing seam roofs on a single-family residential building as the primary roof and as a secondary roof was put together for the Commission by Commissioner Siira.
Commissioner Siira explained secondary roofs to the Commission and showed them examples of standing seam on both types of roofs.
Commissioner St. John expressed concern for someone taking sheet metal and turning up the edges and calling it a standing seam roof. Mayor Bolender commented anyone spending that amount of money on a roof would not be using sheet metal.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the Zoning Ordinance be amended for the A-1, Agricultural Zoning District, the ER, Equestrian Residential District, and the Rs-1, Rs-2, Rs-3, Rs-4, Single Family Zoning Districts to contain the provision that “The roofs of all principal residential buildings shall be covered with asphalt shingles, wood or shake shingles, tile roofing, or slate roofing. Metal roof materials are prohibited with the exception of decorative metal roofing that mimics approved roof materials in appearance, color, texture, and function and standing seam metal roofs.
Commissioner Nowak seconds. Roll call, all voted aye. The motion to approve carries.
Commissioner Grabowski moves to adjourn. Commissioner Dickmann seconds. Roll call, all voted aye. The meeting adjourned at 8:20 p.m.