MINUTES OF THE

OAK CREEK PLAN COMMISSION MEETING

TUESDAY, JANUARY 22, 2008

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 Kopplin, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Nowak.  Commissioner Siira was excused.  Also present were Jeff Fortin Planner, and Assistant Fire Chief George Krudop.

Commissioner Grabowski moved to approve the minutes of the January 11, 2007, regular Plan Commission meeting. Commissioner Dickmann seconds.  Commissioner Sokol commented he voted nay on the 27th Street Streetscape Plan.  It was confirmed that the minutes did reflect his nay vote.  Roll call, all voted aye.  The minutes were approved as submitted. 

Report on Significant Common Council Actions

There were no comments or concerns from the Commission.

Sign Appeal and Hearing – Skyway Airlines
6744 S. Howell Avenue
Tax Key No.:  733-9998-003

This item was withdrawn by the applicant prior to the meeting.

Conditional Use Permit – Tri Star Recycling
6524 & 6548 S. 13th Street (Rear)
Tax Key No.:  717-9987 & 717-9986

This item was withdrawn at the request of the City prior to the meeting.

Conditional Use Permit – Miller Compressing
6524 & 6548 S. 13th Street (Front)
Tax Key No.:  717-9987 & 717-9986

This item was withdrawn at the request of the City prior to the meeting.

Conditional Use Permit Amendment – Black Diamond Group
6925, 6945, and 6965 S. 6th Street
Tax Key No.:  735-9992, 734-9001-003, and 735-9991

Mr. Fortin explained to the Commission the applicant was requesting an amendment to the conditional use permit that would allow for outdoor storage in the side yard.  The applicant has provided photographs demonstrating that there is a significant amount of trees and existing vegetation that would completely screen the outdoor storage area from 6th Street. 

Black Diamond is also requesting an additional amendment to the conditional use permit that would allow them to use crushed recycled asphalt to surface the outdoor storage area only and parking areas would be hard-surfaced with concrete or asphalt. 

Ms. Deb Teglia, Black Diamond Group presented some pictures to the Plan Commission showing how the vegetation would screen the outside storage and she explained the proposed use of the storage area.

Commissioner St. John suggested the Commission take two separate votes one for the conditional use amendment and one for the waiver of asphaltic concrete. 

Commissioner Kopplin moved that the Plan Commission recommend to the Common Council that the amendment to the conditions and restrictions allowing for outdoor storage in the side yard for the properties at 6925, 6945 and 6965 S. 6th Street be approved after a public hearing.

Commissioner Dickmann seconds.  Roll call, all voted aye.  The motion to approve carries. 

Ms. Teglia explained to the Commission they would like to use a crushed asphalt mix to pave the outside storage area because it would be cost prohibitive to pave the area given the depth of asphalt needed to support their heavy equipment.

Commissioner Kopplin moved that the Plan Commission recommend to the Common Council that the requirement that all equipment storage areas must be surfaced with asphaltic concrete be waived and they be allowed to use crushed asphalt to pave the outside storage area. 

Commissioner Correll seconds.  Roll call, all voted aye.  The motion to approve carries.

Certified Survey Map – Black Diamond Group
6925, 6945, and 6965 S. 6th Street
Tax Key No.:  735-9992, 734-9001-003, & 735-9991

Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would combine the three properties at 6925, 6945 and 6965 S. 6th Street into one parcel which will be the new site for Black Diamond Group.

Commissioner Kopplin moved that the Plan Commission recommend to the Common Council that a certified survey map for the properties at 6925, 6945, and 6965 S. 6th Street be approved subject to the following conditions:

  1. That any technical corrections are made prior to recording.
  2. That a development agreement is entered into between the City and the developer to specify the timing of and responsibility for any required public improvements.
  3. That a certified survey map is not recorded until the required public improvements are installed and certified as complete by the Engineering Department and Water and Sewer Utility.

Commissioner Grabowski seconds.  Roll call, all voted aye.  The motion to approve carries.

Plan Commission Consultation – Ricky Drive Proposal by Oakwood Lake Estates Homeowner’s Association
Location:  S. Ricky Drive (at the south end of the Oakwood Lake Estates Subdivision)

Mr. Fortin explained to the Commission the Oakwood Lake Estates Association was proposing a pedestrian connection that would line up with a pedestrian connection to the proposed Tall Trees subdivision.  This is a Plan Commission consultation only no official action will be taken on this item but staff would like some direction from the Commission as to what the Commission what should happen with this connection.

Mr. Steve Bautch, 3240 E. Lindy Lane President of the Oakwood Lake Estates Homeowners Association commented the Homeowners Association was not in favor of a road connection to the proposed subdivision and requested the Plan Commission keep an open mind when considering the proposals.

Mr. Doug Krimmer, 3170 E. Lindy Lane, Vice President of the Oakwood Lake Estates Homeowners Association gave a presentation explaining the reasoning behind their proposal of a pedestrian and bike path.  Mr. Krimmer gave a detailed PowerPoint presentation outlining the position of the Oakwood Lake Estates Homeowner’s Association.  During that presentation Mr. Krimmer sited several reasons the neighbors were opposed to the connection and also some safety reasons for not having the connection.  He pointed to a bus accident in 2006 at the corner of James Drive & Justin Drive where a child was taken to the hospital.

He also showed examples of other existing subdivisions that currently have a pedestrian/bike path connection including Farmington Hills, which connects to neighborhood to south via 2 bike paths.  Mr. Krimmer mention that it was the model for comprehensive plan.  Also, Orchard way has 2 stubs, one in each neighborhood. Mr. Krimmer also discussed Rolling Meadows which has only one access point on Rawson.  Juniper drive was reserved for a street and was turned into an emergency access drive.  Furthermore, Quail Run has over 70 homes with only one access.  It has a bike path connecting with the next neighborhood and the official map shows street layout adjacent to Quail run.  Also, Armann Heights was originally proposed with road but the Plan Commission changed it to bike path after residents to the north expressed concerns.

Mr. Krimmer also mentioned comprehensive plan policy # 9 which asks for safe, pleasing connections for alternative modes of transportation, such as walking and bicycling be stated and comprehensive plan policy # 6 requiring driveway to be limited and adequately spaced from each other and from street intersection sited.  He showed a photo of a resident of OLE whose driveway is directly in line with Ricky lane.

Commissioner St. John asked who would pay for the removal of S. Ricky Drive and after it was vacated, and who would maintain it. 

Mayor Bolender commented it was his opinion that residents in the new development would cut through Oakwood Lake Estates to get to Highway 32 because it was such a hazard trying to get onto Hwy 32 from Elm Road without the lights.  He said that the City has done it other places in the City and it would work here.

Assistant Fire Chief George Krudop explained that several of the reasons sited by Mr. Krimmer were also some of the exact reasons they should connect.  The neighborhoods need to be connected for the safety of everyone involved.  With the connection an emergency vehicle could save two minutes in response time and the future residents would not be forced to use the Elm Road connection to access Highway 32.  In the future the residents of Oakwood Lake Estates would be more likely to be using the new subdivision to access the expressway when the Elm Road interchange was finished.  He also expressed concern for the maintenance of the pedestrian/bike path and who would be responsible for that maintenance. 

Mr. Jim Crayton, 2007 E. Elm Road expressed concern for the residents who lived on Elm Road and their inability to connect to Oakwood Road.  The connection would allow the residents on Elm Road to be able to travel safely and for quicker response times in an emergency.  He also felt that the residents knew the road would go through when they moved there because it was already installed. 

Mr. Steve Wilding, 10430 S. Justin Drive, commented the Fire Department would likely not use neighborhood roads but would only use arterial roads in an emergency situation.

Ms. Shelly Barrow, 10520 Shangri-La Court, expressed concern for the additional traffic that would funnel through Shangri-La subdivision if the connection was not made between Oakwood Lake Estates and the proposed subdivision.  She also commented how the residents of Shangri-La opposed the connection with Emerald Meadows for safety reasons and also requested a bike path but where denied and pointed out it has not been the problem they had originally anticipated.

Rezone/Planned Unit Development – Bielinski (Tall Trees Subdivision)
3010, 3080, 3110, 3260, 3330R, 3324, and 3400 E. Elm Road
Tax Key No.:  Multiple

Mr. Fortin explained to the Commission at the last meeting they directed this item held and asked the developer to revise the subdivision layout to reflect a 17,000 square foot minimum lot size.  The applicant has revised the plans and every lot exceeds the 17,000 square feet in area. 

Mr. Mike Doble, Landcraft Survey and Engineering, gave a presentation to the Commission on the changes the proposed subdivision and also showed several home designs that would fit on the lots.  Mr. Doble talked about the types of amenities that could be offered in the subdivision and gave an example of the types of landscaping buffer they would like to see at the entrances to the subdivision.  He also stated they would like to put in a cul-de-sac at Ricky Drive because they can get more money for the lots in a cul-de-sac and they also hold there value better but it makes good planning sense to connect the two subdivisions with Ricky Drive. 

Commissioner Grabowski read into the record an email received by City Forester Rebecca Lane:

This email is in regard to the proposed Bielinski development in your district of which I have a few concerns.

After viewing the preliminary layout of the proposed Bielinski development, I went out to view the land (from the road) between Elm and Oakwood Roads with regard to wooded wetland areas.  I also look at aerials.

The rows of trees that correspond to fence rows – just dividing fields – are often in poor shape so I have little concern about those.  However, the wooded wetlands and open water wetlands seem to be a bit too close to some of the proposed lots/homes.  For instance, Lot No. 48 and Lots 73 and 74.

Wetlands located on private property stand a good chance of being disturbed or destroyed.  Whereas, in a conservation subdivision, the “conservation” or sensitive areas would be community based.  And, a conservation subdivision would be sold as such possibly attracting a more conservation minded resident. 

Theses wooded wetlands are one of representative forest community that Oak Creek has and that may be worth protecting for uniqueness.

It will be interesting to find out the quality of the woodland/wetlands which I am told decides the required setbacks.  There may be call for alterations to the plans.

Mr. Doble explained the reason lots 73 and 74 were pushed so close to the wetlands was to move the road from being directly across from the resident on Elm Road. 

Commissioner Grabowski would like to see lots 1, 73 & 74 removed.

Mr. Donald Rask, 3246 E. Lindy Lane commented he would like to see a park in the area where the road was to be located.  He expressed concern for older kids in the neighborhood not having anything to occupy their time. 

Commissioner Sokol questioned what the vote was going to be on at this time.  Mr. Fortin explained they would be voting on the rezoning and PUD issue only at this time. 

Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the properties at 3010, 3080, 3110, 3260, 3330R, 3324, and 3400 E. Elm Road are rezoned fro Rs-3, Single Family Residential and A-1, Agricultural to Rs-2 (PUD), Single Family Residential Planned Unite Development after a public hearing and subject to conditions and restrictions and a general development plan that will be presented to the Plan Commission at the next meeting. 

Commissioner Correll seconds. 

Roll call, Nowak; aye, Correll; aye, Grabowski; nay, Bolender; aye, Kopplin; aye, Sokol; nay, St. John; aye, Dickmann, aye.  The motion to approve carries. 

Commissioner Kopplin moved to adjourn.  Commissioner Grabowski seconds.  Commissioner Sokol asked that the minutes of the January 8, 2008 meeting be amended to reflect his comments about concerns with the S. 27th Street Streetscaping Plan.  Roll call, all voted aye.  The meeting adjourned at 9:27 p.m.