MINUTES OF THE
TUESDAY, FEBRUARY 26, 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 Siira, Commissioner Kopplin, Mayor Bolender, Commissioner Grabowski, Commissioner Correll and Commissioner Nowak. Commissioner Sokol was absent. Also present were Jeff Fortin Planner, Peter Wagner, Zoning Administrator and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of the January 22, 2008, regular Plan Commission meeting. Commissioner Kopplin seconds. Roll call, all voted aye. The minutes were approved as submitted.
Report on Significant Common Council Actions
Commissioner Dickmann questioned if there was an exact date for the Delphi building being made available for sale. Mayor Bolender stated there was not a particular date but they would be pulling out soon.
Rezoning – Oak Creek Assembly of God
7377, 7421R & 7471 S. 13th Street
Tax Key Nos. 763-9004, 763-9009 & 763-9011
Mr. Fortin explained to the Commission the applicant was returning from the October 23, 2007 meeting where this item was held and the applicant was asked by the Plan Commission to have a certified survey may prepared to combine all of the church parcels. The CSM has been submitted so the rezoning can move forward.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the properties at 7377, 7421, and 7471 S. 13th Street be rezoned from Rs-3, Single Family Residential, to I-1, Institutional, after a public hearing.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Certified Survey Map – Oak Creek Assembly of God
7311, 7377, 7421R & 7471 S. 13th Street
Tax Key No.: 763-9002-001, 763-9004, 763-9009 & 763-9011
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that will create one large 31 acre parcel. The Institutional Zoning District requires that lots “shall proved sufficient area and width for the principal structures, accessory structures, off-street parking and loading areas, and required setbacks.” The newly created parcel would far exceed that requirement.
Commissioner St. John moved that the Plan Commission recommend to the Common Council that the certified survey map combining the properties at 7311, 7377, 7421R and 7471 S. 13th Street be approved subject to any technical corrections being made.
Commissioner Kopplin seconds. Roll call, all voted aye. The motion to approve carries.
Landscaping Plan Review – Elm Road Generating Station Units 1 & 2
Multiple Addresses
Tax Key No.: Multiple
Mr. Fortin explained to the Commission the applicant was requesting approval of the landscaping plan for the Elm Road Generating Station
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, questioned if the recreational path shown would be installed and would We Energies be responsible for the installation of the base of the path. Ms. Linda Sodemann, We Energies commented they have been working with the Parks Department and they have an agreement in place and part of the recreational trail is in already and the other part will be completed this year. The final phase will be completed in 09’ as well as the landscaping.
Commissioner Siira questioned the size of the evergreen trees when they are planted. Ms. Gwen Fellen, Bechtel Construction explained the evergreen trees would be approximately 36”-48”. Watering would be a concern because of the angle of the bluff for larger trees.
Commissioner Nowak moved that the Plan Commission approve the landscaping Plans for the Elm Road Generating Station Units 1 & 2 subject to final review by the City Forester.
Commissioner Correll seconds. Roll call, all voted aye. The motion to approve carries.
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 the applicant was before the Commission for approval of their conditions and restrictions and general development plan for the rezone of the properties at 3010, 3080, 3110, 3260, 3330R, 3324, and 3400 E. Elm Road from Rs-3, Single Family Residential and A-1, Agricultural to Rs-2, (PUD), Single Family Residential Planned Unit Development.
Commissioner Dickmann expressed concern for construction traffic with option A. Mr. Fortin stated it was not specified in the conditions and restrictions but it could easily be added that no construction traffic be allowed on Ricky Drive. Commissioner Dickmann would like to see that condition added if they go with option A.
Commissioner Grabowski stated she was still awaiting the name change and questioned the percent of side garages. Mr. Mike Doble, Landcraft Survey and Engineering, gave a short presentation that showed which lots would accommodate the side entry garages and the vast majority do accommodate side entry garages. There are still plans for various amenities throughout the development. In option A they would be willing to install a gate across Ricky Drive to prevent construction traffic until 80 percent of the lots are complete. On option B there would be a twenty foot wide pedestrian access for emergency protection. It is not the ideal situation but they are willing to work with the issues at hand. They have always intended to have side entry garages on the models. Every lot will support a court side entry and every lot but six will support a true side entry on option A.
Mayor Bolender stated he would like a gate over the road. The six houses on Elm Road look like they are an after thought. Mr. Doble explained when they first started laying out the subdivision that was one of the first things that they laid in. Every one of the lots on Elm supports a significantly wide side entry garage. They will have nice long driveways because there is a lack of on street parking. They are extending utilities across the frontage of the property to service those lots as well as the properties on the south side.
Commissioner Grabowski expressed concern for lot 1 on Elm Road because it sits directly on the wetlands. Commissioner St. John explained they have a wetlands setback, however; they can build in the wetland as long as the runoff from the impervious area does not go into the wetlands. If they would build a house where the roof runs east and west and run the gutter to the east they wouldn’t need to setback from the wetlands.
Commissioner Grabowski feels that placing six lots in there is inappropriate. They have had this discussion for Shepard Avenue where the consensus was to limit the amount of homes that would be exiting onto Shepard. Here we have six homes directly placed there.
Commissioner Grabowski requested any reference to carports be stricken from the conditions and restrictions. She also requested a definition for accessory structures. Mr. Fortin explained it could either be a garage or shed. Commissioner Grabowski wanted to have very tight deed restrictions because of the Oakwood Lake Estates Subdivision and Shangri-La Subdivisions. There will be other development in the area and she wanted to make sure the deed restrictions were very tight. Mr. Doble pointed out one of the conditions of approval was that Commissioner Grabowski review and approve the deed restrictions before the final plat approval.
Mr. Tom Quinn, 13053 Shangri-La requested trees on the lot line to shield his lot. He also questioned the long term plan for Elm Road. Commissioner St. John stated the long term plan for Elm Road would be to be improved but it is not in the five year plan. He stated the road could accommodate the traffic flow from this new subdivision.
Mr. Doug Krimmer, 3170 E. Lindy Lane, Oakwood Lake Homeowners Association (OLE), stated they would like the Plan Commission to go with option B. There were no negative comments from the previous meeting regarding option B and the Homeowners Association has agreed to take care of the Ricky Drive portion of the pedestrian/bike path. Commissioner St. John commented the bike path discussion went to an access for fire which needed to be twenty foot wide so the bike path sort of became leaving the road as is. Mr. Krimmer stated it was going to narrow up and OLE would have to landscape the sides. Commissioner St. John questioned if the access for fire needed to be twenty feet wide. Assistant Fire Chief George Krudop commented the Fire Department feels this should be connected by streets and it should be designed that it should be street width for access and designed for at a later date if it is proven that just an emergency access is incorrect and people need this that there is no problem with expanding the road. Hike and bike trails would be better than no access at all but he feels they should have the access and be wide enough for all fire trucks. Mayor Bolender commented his problem was that if they needed to put the ladder truck through there at Christmas party time they would not be able to get through. A.C. Krudop agreed but that it was better than nothing and that the Commission errored in not requiring OLE to have wider roads but did not want to compound the problem by not connecting and requiring the wider roads. Mayor Bolender also stated that if the Fire Department couldn’t get a truck down a twenty foot access they had a serious problem with the guys driving the fire trucks. A.C. Krudop agreed twenty foot was better than nothing but a full access road was a better option on top of it.
Commissioner St. John commented there may not have been negative comment but he needed at least temporary access to route traffic during construction and major accidents. In reality he thought the bike/walking path went to the twenty foot wide which is a major negative comment starting off at only eight feet. Mr. Krimmer thought they agreed the access would be 60 foot wide. Commissioner St. John explained that would be the right-of-way and the pavement itself at this time was twenty-two feet and they need twenty there was no sense in spending money to take a foot off of each side. The alternative would be to leave the road as is.
Mr. Krimmer stated OLE was practically unanimous in requesting option B be utilized because it was a safer option for residents and there is precedent in Oak Creek. He also stated it did not make sense to him that the Fire Department would take the chance of going through a residential neighborhood where there might be a party and they would have to turn around and take a different route. He also objected to an additional two minute response time difference. There is only a half mile difference in the two paths so it would be only 45 seconds not two minutes. Using plan B would create balance. There is still land to be developed on Oakwood Road. He requested the Plan Commission choose option B.
Ms. Darlene Finn, 10351 Justin Drive, passed out information from the Comprehensive Plan to the Plan Commission members. She pointed out the vision statement was to have thoughtfully planned development. Plans change and this plan should also change. She pointed out that OLE did not have street lights or sidewalks and sited that as a reason not to connect the two subdivisions. Section 8 calls for subdivisions to be designed for residential interaction with interconnected streets, sidewalks and trails. Commissioner Dickmann cautioned Ms. Finn not to pick and choose what only fits her situation. He helped with the Comprehensive Plan and noted it calls for interconnected streets.
Mr. Jerry Dietrich, 3260 E. Elm Road, explained when he sold his property he was told the road was going to go through and that he is for plan option A. He commented when OLE was being built the residents in the area were against it on Elm Road and Oakwood Road but they still put the subdivision in and without the road they are not getting what they were told.
Mr. Mike Gehrke, 3173 E. Lindy Lane, commented he comes home after dark and with the amount of pedestrian traffic in OLE it is hard to see the pedestrian traffic in the evenings and the addition of the road would compound the dangerous situation.
Ms. Carrie Mierow, 3236 Lindy Lane, would like option B to be considered. It allows for an emergency access and connectivity.
Mr. Steve Bautch, 3264 E. Lindy Lane, after the last meeting they heard there was a two minute response time difference so they checked it out found only a 2 or 3 second difference. Mr. Bautch requested plan B.
Ms. Finn commented that Shangri-La and OLE are not comparable because there was a school involved with the connection of Shangri-La.
Mr. Dietrich commented there was not going to be so much more traffic through OLE when people could use Oakwood or Elm Road and get there faster.
Mr. Jim Crayton, 2007 E. Elm Road, understood the concerns of the residents from OLE but he did not have streetlights or sidewalks on Elm Road either and people go up and down his street the same as they do theirs. The stub road was there and the residents should have known the road was going to through. He also stated he wanted the new homeowners to be made aware that he did farm the neighboring land and there would be manure spread and potentially a fly issue.
Mr. Krimmer commented people would be driving through OLE to get to the schools and to get to work and meetings. Taking a point from where Ricky Lane would connect up to the Marathon gas station on Howell and Hwy 100 would save 2 ½ minutes and will take that route versus going out Elm down all the way to Howell and up.
Ms. Mierow commented Ricky Lane was not on the City map for future connectivity and if people thought it would not get used then why put it in.
Ms. Jackie Crayton, expressed sympathy for the residents of OLE but they also need to realize that the residents on Elm Road were also dealing with hundreds of more cars and it was a safety issue for the residents of Elm Road also.
Ms. Finn wondered why the residents of Elm Road weren’t against the whole development. There is going to be more traffic on Elm regardless and they are going to use Elm but it is not a done deal for the residents of OLE.
Mayor Bolender commented he believed every subdivision should be connected to another subdivision and did not believe the City would have any kind of healthy atmosphere when you isolate subdivisions. The question is how you connect them. He commented to connect them with a bike path suitable for emergency vehicles would be a compromise. He felt connecting the road would make a traffic hazard. He questioned if the houses could be arranged so if at some time in the future the bike path needed to be changed to a fully connected street if it was deemed necessary it could be done. Mr. Doble stated they could arrange the lots to accommodate a future road. One of the proposals they had talked about was doing plan A and gating the connection and taking a lot off of the stub road and turning it into an outlot and doing a similar turn around as they have on the west property line. There are several options that will work for both the City and residents. A.C. Krudop stated the option of connecting with a similar cul-de-sac as on the west side with the gates so it would be a full access road versus the twenty foot pedestrian access and would meet the Fire Department needs. Commissioner St. John suggested they push the cul-de-sac up and make it join that extended road.
Mr. Fortin questioned if there would be an issue with the idea of having the road connect as shown in plan A but then doing the temporary cul-de-sac with a gate and then the option to connect in the future is much easier than having to deal with taking out a cul-de-sac with an island in it. Commissioner St. John said to leave the island in as traffic control if you slide it against the property line. Mr. Doble stated they would massage the layout so that they can meet DPW’s goals and make it work for future connection if necessary.
Commissioner Grabowski stated the Commission needs to decide at this time whether they are going to go with option A or B. They can come back with a preliminary plat at a later date after they decide what option they would like. She questioned if the Fire Department felt Commissioner St. John’s suggestion would work. A.C. Krudop felt what Commissioner St. John suggested would work.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council Option A (the option that connects to S. Ricky Drive) be adopted as part of the Planned Unit Development for the properties at 3010, 3080, 2110, 3260, 3330R, 3324, and 3400 E. Elm Road.
Commissioner St. John seconds. Roll call, Dickmann; aye, St. John; aye, Siira; nay, Kopplin; nay, Bolender; nay, Grabowski; nay, Correll; nay, Nowak; nay. The motion to approve failed.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council Option B be adopted as part of the Planned Unit Development for the properties at 3010, 3080, 2110, 3260, 3330R, 3324, and 3400 E. Elm Road.
Commissioner St. John seconds.
Commissioner Dickmann added that they would be coming back before the Commission with a plan reflecting option B. Second concurs.
Roll call, Dickmann; aye, St. John; nay, Siira; aye, Kopplin; aye, Bolender; aye, Grabowski; aye, Correll; aye, Nowak; aye. The motion to approve carries.
The following two items were taken as one motion.
Conditional Use Permit – Tri Star Recycling
6524 & 6548 S. 13th Street (Front)
Tax Key No.: 717-9987 & 717-9986
Conditional Use Permit – Miller Compressing
6254 & 6548 S. 13th Street (Rear)
Tax Key No.: 717-9987
Mr. Fortin explained to the Commission Tri-Star Recycling and Miller Compressing were requesting approval of two conditional uses allowing for contractor offices, shops and yards with outdoor storage for the existing Tri-Star Recycling properties at 6524 & 6548 S. 13th Street. One conditional use permit would be issued for Miller Compressing for the front portion of the property for their non-ferrous metal operations and another conditional use permit would be issued for Tri-Star Recycling that would allow them to continue their ferrous material recycling operations in the rear of the parcel.
Commissioner St. John explained the conditional use permit goes to the holder of the land and Miller is not the holder of the land and is not obligated to do it unless he becomes the lessee or the landowner in the future. Mayor Bolender understood the process and felt the vision for 13th Street was changing and he could not say this was something that was good for the City at this time.
Mr. Rudy Correa, 6524 S. 13th Street, Tri-Star Recycling, explained he has been operating on the parcel for the last eight years and has been using the front 1/3 section. He was looking to move the operation and heavy equipment back further on the back part of the land. Miller Compressing would be operating the front portion of the property with the non-ferrous operation. He was before the Commission because he needed help from Miller Compressing using the front portion of the property. He would be moving his business to the back and you would not even be able to see him because he would be behind Edgerton Contractors and closer to the railroad tracks.
Mr. Joe Kovacich, 1640 W. Bruce Street, Miller Compressing, commented it would be a win/win for Oak Creek because they would get immediate compliance from both of the operations with the new industrial standards without any enforcement costs to the City. They would get more control through the conditional use by granting a conditional use to both businesses. Miller Compressing would have a lease on the front part of the property. The City would get green space created on the front part of the property. They would take out about eighty feet of the existing hard surfacing in the front to create green space. They would raze the abandoned residence on the property and bring the warehouse into compliance with all of the building codes. The ferrous operation would be moved to the back portion of the property and the height of the scrap piles would be limited. They would also agree on a prohibition on purchasing or storage of any junked automobiles on the property. They would create an area to the east of the warehouse that would be unoccupied which would be adjacent to the hotel. Both companies would have a stormwater permit issued by the Department of Natural Resources subject to an audit on an annual basis. The City would also be getting one more good corporate citizen in the City of Oak Creek.
Mayor Bolender commented Miller Compressing was high class operation and unfortunately S. 13th Street is changing complexion and the Commission has to take that into consideration.
Ms. Carol Grundy, 9160 S. Nicholson Road, questioned if the Commission voted against this conditional use would the site stay the way it currently looks. Mr. Fortin stated there would probably have to be some enforcement. Ms. Grundy questioned if there were not any violations and it was going to stay the way it looks now wouldn’t this be a big improvement from the way it looks. Mayor Bolender expressed concern for the other types of businesses that were coming to the area. Ms. Grundy questioned if the business was going to be staying there or were they leaving. Mayor Bolender stated he did not know. Ms. Grundy stated they have a right to stay and run the business. She questioned if it would look better if it stayed the way it was? Mayor Bolender commented people are looking for restaurants and hotels when they are coming in and out of the area.
Mr. Correa commented there would be a major improvement once Miller Compressing comes in. The neighborhood really needs a recycling facility. As an incentive program for residents they have a place to go with the trash. They do fundraisers for the Boy Scouts, the Girl Scouts and right now they are doing one for a playground. There is community involvement. Without this operation there won’t be any place for people and businesses to go with their recyclable materials.
Commissioner Grabowski moved that the Plan Commission recommend to the Common Council that the Conditional Use Permits for the operation of a non-ferrous recycling contractors shop with outdoor storage and the conditional use permit for the operation of a ferrous recycling contractors shop with outdoor storage for the properties at 6524 and 6548 S. 13th Street not be granted to Tri-Star Recycling and Miller Compressing.
Commissioner St. John seconds. Roll call, all voted aye with the exception of Commissioner Correll who voted nay. The motion to deny carries.
Conditional Use Permit – B&B Automotive
6880 S. 10th Street
Tax Key No.: 735-9995
Mr. Fortin explained to the Plan Commission the applicant was requesting approval of a conditional use permit that would allow them outdoor storage of vehicles and towing equipment on a portion of the property at 6880 S. 10th Street.
Aimee Reinke, 5220 S. 9th Street, Milwaukee, explained they service the City of Oak Creek towing needs. They need to be located within the City of Oak Creek in order to be on an accident scene within 15 to 20 minutes. They do not want to become a junk yard just a temporary storage area until the insurance companies or the owners pick-up the vehicles. They are willing to work with the City on any restrictions for the vehicles and the storage. The site is currently in complete disarray and they are willing to clean it and improve the site.
Mayor Bolender questioned if the lot was fenced. Ms. Reinke stated it was not but they could fence their area if that is what was requested of them and they would also be willing to concrete an area by the front of the building.
Mayor Bolender questioned what businesses were around this proposal. A.C. Krudop stated there was a business in the front building on this parcel and part of the back building was another business and this proposal would go in the building way in the back of the lot. The previous occupant left a lot of stuff on site. He checked the site for Fire Code issues and he did not perceive any given their plan of action.
Mayor Bolender questioned if they would be buying the property or leasing. Ms. Reinke explained they would be leasing and anything they did to the property would be coming out of their own pocket. Mayor Bolender questioned if this was the best selection of property for this business. The car storage would need to be fenced in and hidden and there is all kinds of junk on the property that would need to be cleaned up. Ms. Reinke explained they have not been able to find a building with some land and an office for their business. Mayor Bolender questioned if they have thought about inside storage completely? There are buildings within the business parks that are vacant that may work. Mayor Bolender questioned if the fuel would need to be removed from the vehicles if they were inside. A.C. Krudop stated not necessarily it would depend on some things. Mayor Bolender commented the site looked like a bombing site and now they want to rent to this business.
Ms. Reinke explained that she has been working on getting the boulders and the old trailers and boats off of the lot and if they are not granted the conditional use most likely all of that stuff would stay on the lot. Mayor Bolender stated that would not happen.
Commissioner Grabowski questioned if this was an appropriate location in the industrial park. There are currently businesses that operate around this facility. The problem she sees is with the conditional use permit and it goes back to is this an appropriate location. She expressed concern with this being an industrial park and how the surrounding businesses would perceive this business.
Commissioner Kopplin commented the reason there had not been any enforcement on this site up to this point is no one was aware of what was back there. The site is a mess and the building should be torn down.
Commissioner St. John expressed concern for allowing a conditional use for the property and then B&B leaving and the conditional use staying with the property.
Commissioner Correll moved that the Plan Commission recommend to the Common Council that the conditional use permit for the outdoor storage of vehicles and towing equipment not be approved, after a public hearing.
Commissioner Dickmann seconds. Roll call, all voted aye. The motion to deny carries.
Conditional Use Permit- Microtel Inn & Suites
9611 S. 13th Street
Tax Key No.: 904-9009
Mr. Fortin explained to the Commission the applicant was requesting a conditional use permit for the previously approved site, building and landscaping plans for a Microtel Inn & Suites at 9611 S. 13th Street. Since the approval the Zoning Ordinance has been changed making all hotels and motels a conditional use in this zoning district. The applicant would like to make some modifications to the original approval and since they had not applied for any building permits at the time of the new ordinance they are required to obtain a conditional use permit.
Mayor Bolender questioned the delay in applying for permits. Mr. Jim Piwowarczyk, 8092 N. 86 Street, Brown Deer, explained he the reason for the delay was he was partnering up with another group to make the hotel with a little higher standard.
Mr. Richard Kulk, Grand Rapids, MI, explained the major changes were going from a maximum 83 units down to 77 units. The other significant change would be in the exterior materials. Originally they had a Nova Brick and now they are proposing to use a material called “Black Bear Stone Siding”.
Commissioner Grabowski questioned if the size of the building pad had changed. Mr. Kulk explained they were in between what was originally approved. Commissioner Grabowski requested an explanation of which direction the right elevation would face. Mr. Kulk stated it would be the west elevation. Commissioner Grabowski strongly suggested they do something to make it more attractive. She also questioned if this was an appropriate location for this business. Very few businesses have been successful in this area.
Commissioner Nowak moved that the Plan Commission recommend to the Common Council that the conditional use permit for a hotel at 9611 S. 13th Street be approved, subject to conditions and restrictions that will be prepared for the Plan Commission at the next meeting, after a public hearing.
Commissioner Correll seconds. Roll call, Dickmann; aye, St. John; aye, Siira; nay, Kopplin; aye, Bolender; aye, Grabowski; nay, Correll; aye, Nowak; aye. The motion to approve carries.
Zoning Text Amendment – Outdoor Vehicle Storage in B-4 District
Mr. Wagner explained to the Commission the applicant was requesting that the Zoning Ordinance be amended to allow the operation of a limousine service with outdoor storage of 15 vehicles stored 50 feet from the street as a conditional use in the B-4, Highway Business District.
Mayor Bolender questioned how many requests has the City had for outside storage of vehicles in the B-4 District. Mr. Fortin stated he could not recall that they have had any requests. Mayor Bolender did not want to change the ordinance for one person. It would open the gate for others to request the storage of vehicles that may be wrecks.
Commissioner Nowak commented there were several limousine services within the City that do conform to the requirements.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the Zoning Ordinance not be amended to allow the operation of a limousine service with outdoor storage of 15 vehicles stored 50 feet from the street as a conditional use in the B-4, Highway Business District after a public hearing.
Commissioner Siira seconds. Roll call, all voted aye. The motion to deny carries.
Certified Survey Map – Wisco Hotel Group and Edgerton Contractors
6440 & 6466 S. 13th Street
Tax Key No.: 717-9990-001 & 717-9988
Mr. Fortin explained to the Commission the applicant was requesting approval of a certified survey map that would create three parcels. Lot 1 would be the site of Edgerton Contractors. Lot 2 would be the site of the Fairfield Inn & Suites and the Candlewood Suites hotels. Outlot 1 would be the location of a shared stormwater management pond, which would be owned and maintained by the owner of Lot 1.
Commissioner St. John questioned if a rezoning was required with the redistribution of the land. Mr. Fortin explained the area has already been rezoned and issued a planned unit development.
Commissioner Dickmann moved that the Plan Commission recommend that the Common Council approve the certified survey map for the properties at 6440 & 6466 S. 13th Street, subject to all technical corrections being made prior to recording including showing the wetland boundaries.
Commissioner Kopplin seconds.
Commissioner Grabowski asked for a clarification if it was a mislabeling or is it an existing floodplain where they are putting the road. Mr. John Shriner, Sigma Group, explained it should be labeled as an existing flood fringe to be relocated. Mr. Fortin explained that would need to be changed on the site plan.
Roll call, all voted aye. The motion to approve carries.
Fairfield Inn & Suites
6440 & 6466 S. 13th Street
Tax Key No.: 717-9990-001 & 717-9988
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building and landscaping plans for a Fairfield Inn & Suites hotel located at 6440 & 6466 S. 13th Street. The Fairfield building will be at the south end of the hotel parcel. It will be a three-story building with 120 rooms.
Commissioner Kopplin moved that the Plan Commission approve the site, building and landscaping plans for the Fairfield Inn & Suites Hotel at 6440 & 6466 S. 13th Street, subject to the following conditions:
- That all building and fire codes are met.
- That the final landscaping plan is approved by the City Forester & Department of Community Development prior to the issuance of building permits.
- That the final site grading, flood volume compensation, drainage, and stormwater management plans are approved by the Engineering department prior to the issuance of building permits.
- That only one wall sign is part of this approval.
- That the final utility plans are reviewed and approved by the Water & Sewer Utility prior to the issuance of building permits.
- That the plans are adjusted to reflect flood fringe is being relocated not floodway.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Candlewood Suites Hotel
6440 & 6466 S. 13th Street
Tax Key No.: 717-9990-001 & 717-9988
Mr. Fortin explained to the Commission the applicant was requesting site, building and landscaping plan approval for a Candlewood Suites hotel located at 6440 & 6466 S. 13th Street. The Candlewood Suites building will be at the north end of the hotel parcel. It will be a three-story building with 95 rooms.
Commissioner St. John questioned if there were going to be five different colors. Mr. Winkler stated there were five different colors and pointed out to the Commission where each of those colors would be located on the building.
Commissioner Grabowski questioned where the rooftop mechanicals were located and if they were screened. Mr. Winkler explained they where they would be located and that they would be screened by a parapet wall.
Commissioner St. John questioned if the EIFS material was an integral color or if it was painted. Mr. Winkler stated it was an integral color.
Commissioner Kopplin moved that the Plan Commission approve the site, building and landscaping plans for the Candlewood Suites Hotel at 6440 & 6466 S. 13th Street, subject to the following conditions:
- That all building and fire codes are met.
- That the final landscaping plan is approved by the City Forester & Department of Community Development prior to the issuance of building permits.
- That the final site grading, flood volume compensation, drainage, and stormwater management plans are approved by the Engineering department prior to the issuance of building permits.
- That only one wall sign is part of this approval.
- That the final utility plans are reviewed and approved by the Water & Sewer Utility prior to the issuance of building permits.
- That the plans are adjusted to reflect flood fringe is being relocated not floodway.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Plan Review – Edgerton Contractors
6440 & 6466 S. 13th Street
Tax Key No.: 717-9990-001 & 717-9988
Mr. Fortin explained to the Commission the applicant was requesting approval of site, building and landscaping plans for three new buildings. The proposal is part of a larger Planned Unit Development that includes the Edgerton facilities and two hotels. The applicant has indicated that they would like to use gravel in the fenced in area because of the heavy machinery they use would damage an asphalt surface.
Commissioner St. John questioned if Edgerton Contractors could reduce the gravel area. Mr. Pete Davis, Edgerton Contractors, stated the front portion is paved with asphalt as well as the entrance road. The storage and lay down area have a crushed aggregate because they have a lot of large track machinery that would tear up any pavement. They would prefer to use crushed limestone or recycled concrete for the area because it is more readily available. Commissioner St. John questioned if they looked at any other alternatives for dust suppression. Mr. Davis explained they will typically use calcium chloride in liquid form to contain the dust for three to six weeks.
Mayor Bolender questioned why they couldn’t use recycled asphalt. Mr. Davis stated it was not readily available. Mayor Bolender wanted to make sure the dust was taken care of.
Commissioner Grabowski questioned how they were going to contain the dust for the people using the hotel and living in the community. Mr. Chad Nicpon, Design 2 Construct explained the main reason they did not want to use the asphalt was because of the track equipment that would be running on the surface. The area is set a considerable distance from 13th Street and the portions that face the street will be heavily landscaped with evergreens. Along the southern parking lot there will be evergreen trees and grasses planted on the berm. The buildings themselves will also help prevent some of the dust.
Commissioner St. John questioned the total amount of acres of the lot. Mr. Davis stated it was about 6 ½ acres and about 2 or 3 of it would be gravel. Commissioner St. John questioned how many pieces of equipment they had. Mr. Davis stated they had about 150 pieces of equipment and of those about 100-120 are track.
Commissioner Kopplin questioned if all of that equipment was currently stored on site. Mr. Davis explained they usually have about 10-15 pieces of rubber tire equipment and 0-20 track machines on site. There may be more in the winter.
Mayor Bolender questioned how often they were proposing to do the calcium chloride application. Mr. Davis stated they would be doing the application every three to six weeks and they do have water trucks on site also.
Commissioner Kopplin questioned if the height of the pile of dirt was going to stay. Mr. Davis stated the dirt pile will get leveled and graded as part of the development. They recycle concrete on a different parcel. Commissioner St. John questioned if they crush on site and if they have a permit. Mayor Bolender stated they bring the same crusher as LePine. Mr. Davis stated they went through that process in the mid 90’s and it was an acceptable use according to the zoning.
Commissioner Grabowski stated they went through this whole issue with LePine as far as dust, noise and everything. She questioned if the dust was going to be something that was handled and done on a regular basis and what was their guarantee beside Mr. Davis stating that he would do it. Mr. Fortin suggested hearing from the hotel owners.
Mr. Todd Winkler, Wisco Hotel Group, explained when they started the whole project one of their concerns was the drive coming into the Edgerton property was asphalt. What happens behind the building they do not have a problem with. They don’t have a problem with the stone crushing or noise. Everything that is being done will make the whole area better.
Commissioner Grabowski questioned if at the pre-planning meeting if they went into great depth as far as with the shop building, the cold storage and the crushing. This is new to her. Mr. Fortin explained the crushing was not brought up at the pre-planning because it is not part of this site and is on a site that is zoned M-1. Commissioner Grabowski questioned what was discussed at the pre-planning meeting in regards to the certified survey map because she was hearing conflicting information from Commissioner St. John and Mr. Fortin. Mr. Fortin explained Commissioner St. John brought up the issue of the crushed gravel and there was no general consensus on that issue. Mr. Fortin was in the court of there are two hotels coming in and Edgerton completely improving their site and lots of money being invested. Gravel has been granted for numerous sites in the past and this is going to be way in the back and will be fenced in. It is up to the Commission but the Planning Department is in support of using the gravel and Engineering is not supportive of the gravel. That is reflected in the staff report.
Mayor Bolender commented that there were no complaints when there was crushing at the Woodman’s site. Commissioner Grabowski disagreed because there were people who did complain and she was one of them. Mayor Bolender questioned if there has ever been a complaint by the hotel in the last eight years. Commissioner Kopplin who is the Alderman for the area stated she has not received any complaints. Mr. Winkler stated they would never have come this far if they thought it was going to be an issue or a problem.
Commissioner Kopplin commented she had no problems with the design because they would be cleaning up an area and the hotels would be an improvement for the whole area. She was concerned if there would be some dust from the crushing but it is back far from the hotels by the railroad tracks. She did suggest the mounds be kept to a minimum.
Commissioner Kopplin moved that the Plan Commission approve the site, building, and landscaping plans for Edgerton Contractors located at 6440 & 6466 S. 13th Street, subject to the following conditions:
- That all building and fire codes are met.
- That the final landscaping plan is approved by the City Forester & Department of Community Development prior to the issuance of building permits.
- That the final site grading, drainage, and stormwater management plans are approved by the Engineering department prior to the issuance of building permits.
- That the final utility plans are reviewed and approved by the Water and Sewer Utility prior to the issuance of building permits.
- That all rooftop mechanicals are screened from the public view on the 13th Street side.
- That no signs are part of this approval.
Commissioner Nowak seconds. Roll call, all voted aye. The motion to approve carries.
Conditional Use – US Cellular 120 Foot Monopole at Ryan Road Storage
840 W. Ryan Road
Tax Key No.: 876-9003
Mr. Fortin explained to the Commission the applicant was requesting an amendment to the existing conditional use permit for the property at 840 W. Ryan Road that would allow for the installation of a 120 foot high monopole cell tower.
Mr. Jeff Fowle, US Cellular, explained they do have the FAA approval and the tower will accommodate two other users as required under the code. They are proposing tucking the tower between two of the middle storage buildings.
Commissioner Grabowski requested clarification to exactly where the tower was going. Mr. Fortin pointed out on the graphic exactly where the tower would be located. Mr. Fowle stated they were about 350 feet off of Ryan Road going north.
Commissioner St. John questioned if there was anyone representing the owner of the site. Mr. Fowle state Jim O’Malley owns the property and he told him he did not need to come. Commissioner St. John commented Mr. O’Malley stated he did not have any more room on the site when he was looking to park moving trucks and now he has room for a monopole tower.
Mr. Chuck Koehler, 901 W. Ryan Road, expressed concern for where the tower was going and requested the tower be moved further to the north if possible. Mr. Fowle explained literally most of the parcel has storage buildings on it. They did look at the openings between the buildings on the far north side but that was the snow plowing route. The far northern part of the property was in a wetlands retention area that allows no development. There is not a lot of room on the site. Mayor Bolender stated you can plow the snow south just as easily as you can plow it north between the buildings. If the tower was moved directly north and put it between one of the buildings in the back it may interfere with snow plowing but where it is proposed now interferes with the neighbors. Mayor Bolender stated he would like to see the tower moved to the back.
Mr. Koehler questioned if it was not allowable to have a cell tower in a wetlands area. Commissioner St. John stated that was probably correct and in the retention area that doesn’t screw up the access may be possible.
Mayor Bolender directed the item be held and taken back to Mr. O’Malley and telling him the tower needs to go in the back of the property.
Commissioner Grabowski moved to adjourn. Commissioner Dickmann seconds. Roll call, all voted aye. The meeting was adjourned at 10:00 p.m.