MINUTES OF THE
TUESDAY, APRIL 8, 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 Siira, Mayor Bolender, and Commissioner Nowak. Commissioners Kopplin and Correll were excused. Also present were Jeff Fortin Planner, and Assistant Fire Chief George Krudop.
Commissioner Dickmann moved to approve the minutes of the March 25, 2008 Plan Commission meeting. Commissioner Siira seconds. Roll call, all voted aye. The minutes were approved as submitted.
Report on Significant Common Council Actions
Commissioner Dickmann asked for clarification on item four. Mr. Fortin explained they did not grant the waiver but did give them a time period in which to extend sewer to the property.
Sign Appeal – Public Hearing
Buffalo Wild Wings
8131 S. Howell Avenue
Tax Key No.: 813-9011
Mr. Fortin explained to the Commission the applicant was requesting to be allowed to display three wall signs on the proposed building at 8171 S. Howell Avenue.
Mayor Bolender opened the public hearing and called three times for comments or concerns from the public, hearing none he closed the public hearing.
Plan Review – Alliance Development multi-Tenant Building
8131 S. Howell Avenue
Tax Key No.: 813-9011
Mr. Fortin explained to the Commission the applicant was requesting approval of a multi-tenant building with the primary tenant being Buffalo Wild Wings. Staff did have some concerns with the southern portion of the building and has incorporated that into the conditions of approval that they return to the Commission with revised elevations incorporating some brick into the façade.
Mr. Adam Hindel, Architect, explained the original proposal was intended to create separate identities, one for Buffalo Wild Wings and one for the other tenant. They have prepared an alternate elevation that provides brick in place of the EIFS for a more contiguous design around the exterior.
Commissioner St. John questioned what was happening to the southern most building. Mr. Hindel explained they were still creating kind of a monument entrance for that tenant to give them a distinguishing feature. Commissioner St. John questioned the type of material that would be used for that portion of the building. Mr. Hindel showed the Commission a sample of the material which was a burnished masonry product. Commissioner Siira questioned if this was a full brick veneer. Mr. Hindel stated it was a full brick veneer.
Commissioner Siira commented he agreed with the staff that the original elevation for the additional tenants looked like an addition but they needed to wrap the brick around four sides of the building. The alternative is headed in the right direction and questioned if there would be some sort of canopies on the additional tenant spaces. Mr. Hindel stated they did have some sun shades for those windows. Commissioner Siira stated he felt they could achieve a separate identity for Buffalo Wild Wings and any additional tenants and still maintain brick all around the building. With respect to the signage they have granted two signs one for the street and one for the parking lot. They have not granted three signs and if they wanted to be consistent he could see allowing two signs but not three.
Commissioner Grabowski supports staff with the wrapping of the brick around the building and she also questioned where the rooftop mechanicals were going to be located and how they would be screened. Mr. Hindel explained the mechanicals would be centrally located in the middle of the building and primarily they would be hidden by the building. Commissioner Grabowski commented on two other buildings they did not have the checkerboard and she questioned if it was a necessity for this building. Commissioner St. John questioned if the neon yellow line was gone. Mr. Hindel explained it was part of the signage package and was another trade mark of the Buffalo Wild Wings. Mr. Fortin showed the Commission some examples of the yellow line and also recommended that it be removed from the building. Mr. Pete Sorensen, Buffalo Wild Wings, explained they were trying to maximize the brand identification and stay within the parameters that the City would work with. The LED is something that allows for a pop and brand recognition for the customers. They hoped if they could not do the LED that they could maximize the signage on the building.
Commissioner St. John questioned the black and white stripe. Mr. Sorensen explained it was a requirement within the system and it was called a zinger. Commissioner St. John questioned if there was any other location in Milwaukee that had one. Mr. Sorensen explained the issue they have is this store was going to be a corporate store and the zinger is required on the corporate store development. Commissioner St. John questioned why the New Berlin store did not have the zinger. Mr. Sorensen explained it was a franchise development and the requirements are different for corporate.
Commissioner Nowak questioned if it was a duplicate of the Kenosha building. Mr. Hindel stated it was not a duplicate but this building was representative of the current sign program.
Commissioner Siira questioned which signs were the most important of the three signs. Mr. Sorensen stated the east sign facing Howell would be number one and in his opinion the north elevation would be second. If the were to move the monument sign to the south he believed the second choice would be the north elevation. He also questioned if they were limited to just two signs would they have a choice of which side the sign went.
Mayor Bolender questioned where the monument sign was to be located. Mr. Fortin explained where it was originally to be located and that it would be obstructed from view so staff has requested they move the sign. Mr. Hindel proposed to move it to the south side of the lot. Mayor Bolender stated the monument sign would cover north and south and suggested they put one sign on the front and one on the back of the building.
Commissioner Siira commented they needed to cognizant of the two other tenants who would most likely want to have signs facing Howell Avenue and facing the parking lot. If they give them a sign on the east and the west side they may be looking at a building that has three on the east side and three on the west side. Mr. Sorensen agreed that if they had signage on the east elevation facing the primary travel corridor and then on the west facing the anchor that would provide satisfactory signage with the monument sign. They would not be able to proceed without the zinger. Commissioner Siira questioned where the utilities were going to be located and how they would be screened from public view. Mr. Hindel explained the meters were all located on the back of the building which would be the north side and aligned with a nice landscaped area to screen all of the meters for the building.
Commissioner Dickmann commented if something should change with the meters the Commission needs to be made aware of that situation.
Commissioner Grabowski questioned if the zinger was going to be illuminated and what position would they be in if the Commission did not allow the zinger. Mr. Sorensen stated the zinger would not be illuminated and they have been given an edict that there are five elements that have to be represented and they would not be able to proceed unfortunately without them. Commissioner Grabowski expressed concern for the comments from the Commission on the zinger.
Commissioner Siira commented if seemed they were agreeable on dropping down to two signs and the zinger element kind of falls in a gray area. Although it does identify their brand it technically is not really a sign. A compromise that he would suggest would be first if the zinger is painted it would be allowed and if in reality ended up to be something the Commission could not live with it could be painted in the future because it was not a structural building element that was irreversible. In reality he did not feel it would be as obtrusive as it appears on the rendering.
Mayor Bolender stated he could accept the zinger a lot more if it was not lit at night.
Commissioner St. John commented he saw a building like this in Minnesota and it was not good looking. If they are going to bow to bad taste that they want in the building he could live with the compromise of taking the canopy down and putting brick and keeping the zinger and the yellow above the canopy. That would minimize the damage. Commissioner Sokol questioned what the five elements that they could not compromise on were. Mr. Sorensen explained it would be the wedge, which was the yellow structure, the zinger which was the black and white, the metal canopy, the logo sign, and the awnings. Commissioner Sokol stated there was case law on restraint design and questioned if that was what was driving this design. Mr. Sorensen explained it has progressively evolved over the last year and a half and one of the primary reasons that it is happening is the company wants to set up a structure where by they are now holding the franchisees to the same level of expectations that they are holding themselves to. In the future franchisees will beholden to the same level of branding that the corporate group is held to. Commissioner Sokol commented the way he read what was being said was they were trying to create a uniform image across the board so people know it is a Buffalo Wild Wings without reading the sign. He questioned if it had to look like that with the yellow and the black and white or was there a compromise they would make to separate one from the other or minimize one. Mr. Sorensen stated they worked pretty hard to come up with something that would maintain their consistency and also fit within the City. They felt they had come up with a very becoming kind of look. Commissioner Sokol questioned if the black and white zinger had to be next to the yellow. Mr. Sorensen stated it does.
Mr. Fortin suggested they put the zinger horizontally around the top of the yellow element. Commissioner Grabowski stated it was a whole lot better. Mr. Sorensen stated everything they have been doing recently was vertical and they would not be able to do the horizontal. Mr. Hindel explained visually it would not make much of a difference because it would still have the same color scheme and elements working together.
Commissioner Nowak commented the unit in Kenosha was a stand alone four sided building that was attractive. He has been there several times and never noticed the yellow.
Commissioner Sokol commented he did not think that their internal policy would dictate that it has to be from the floor to the top. You have to have a zinger but he did not think the policy dictated that it had to be so wide, this shade of white, this shade of black. He did not believe they would have to live up to that sort of thing but they might need it from their corporate perspective.
Mayor Bolender suggested having the zinger from the canopy up and brick around the door. Mr. Hindel commented if the brick base was created with the yellow on top visually the yellow would be floating up on the building. Aesthetically it would give a more consistent look. Commissioner Sokol questioned the shade of the white and if any thing could be done to minimize the white on black. Mr. Sorensen explained that was one of the areas they were not as flexible on. They feel they have come up with a really good look and don’t feel that it is not obtrusive or garish. It is a professional looking building that would fit well within the corridor.
Mayor Bolender suggested that if the zingers were so offensive after the building was up and they received complaints regarding the zingers that they could be painted over. Commissioner Sokol did not believe their corporate policy dictated the building look this way. He believed there was some flexibility and he suggested Mr. Sorensen look into the policy.
Commissioner Grabowski commented she believed the zinger could be placed at the top or above the awning. There should be some compromise from Buffalo Wild Wings and she was not willing to support what she has in front of her at this time. They welcome the business and it would be an asset to the community but they need to compromise on the zinger.
Commissioner Dickmann questioned if the zinger was the black and white stripe or the combination of the black and white and the yellow. Mr. Sorensen explained the zinger was the black and white part and the wedge was the yellow piece. Commissioner Dickmann did not feel that people would thing the zinger was that bad but that it would be the other piece that really stands out and the combination of the two really hit you in the eye. He is more concerned with the yellow color than the black and white.
Mr. Fortin gave examples of neighboring brand imaging such as the Woodman’s 200 square foot painted barn and sunshine and Taco Bell who has window shades that are decorated with Taco Bell insignia. It may be in the eye of the beholder which ones are attractive and which ones aren’t. In his opinion the zinger is far less important than getting the brick elevation in the back of the building and the fact that the original plan came in with one sided architecture and they have come back with four sided architecture. They have accommodated a lot of staff concerns.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, commented the building reminded him of a 1930’s White Castle and he did not like the look. He did not feel it would blend in with the City at all.
Mr. Sorensen explained he did not have the latitude to agree to anything except what was on the elevations. He proposed going back to corporate with some suggestions such as the brick from the canopy down and still be able to proceed and not have to wait for another meeting. Mayor Bolender suggested proceeding with the plan review of the building and allowing Mr. Sorensen to take the question of the zinger to corporate and see what happens. He looked at Buffalo Wild Wings as a good addition to the City and if that is the biggest thing he can find wrong with it he can eat that as long as it is not lit at night.
Commissioner Sokol stated Mr. Sorensen was not that familiar with the requirements of corporate and what can and can’t be done with the façade and perhaps corporate should take another look and see if it can’t be modified a bit. Mr. Sorensen stated he was very familiar with the requirements for the five elements. He can’t agree to deviate from the elements without corporate approval. Commissioner Sokol understood the elements were needed but he did not think they needed to be just like they were shown height and width wise or it wouldn’t work. He did not believe it was dictated. If he expressed the Commission’s concerns to corporate they may be able to make an adjustment and everybody could be happy. Mr. Sorensen questioned just what adjustments were they leaning towards. In his mind the Commission was looking for brick from the canopy on down and maintain the zinger and wedge above the canopy. He had hoped it could be approved conditionally and he could take that back to corporate for approval without slowing the project down.
Commissioner Sokol stated corporate had adopted a rather goofy looking way of displaying themselves that he does not think would be appropriate for many towns. He would be willing to bet they could make some type of modifications without breaching they trade dress design policies.
Commissioner Dickmann stated the zinger and wedge combination was what bothers him the most.
Commissioner St. John stated he did not like the zinger at all and would take the compromise of making it a marquee sign above the canopy.
Commissioner Siira would like to see it 100% brick and did not personally like the idea of bisecting the yellow element by making it brick on the bottom and yellow on the top. He liked how it read as a vertical element and his perception is that the zinger would not look as bad in real life. He suggested they make a motion on the site and landscaping plans and have them come back with elevations as it is stated in the staff report. He also commented he would be in favor of the yellow LED lighting being removed.
Mr. Sorensen proposed the building being approved with the extra brick and be approved and he provide photos of what it would look. Commissioner Sokol was in favor of that provided he was given the option if they want to modify they could propose those changes at a future meeting.
Commissioner St. John moved that the Plan Commission approve two signs, one in the front and one in the back and no LED and a monument sign and the brick as illustrated on the elevation and that it be brick under the canopy and everything else left as is unless they come back for a change and 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.
- 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 & Sewer Utility prior to the issuance of building permits.
- That the final site lighting plans is approved by the Electrical Inspector prior to the issuance of building permits.
- That the yellow LED accent lighting is removed from the building.
- That the location of the monument sign be approved by the Planning Department.
Commissioner Nowak seconds. Roll call, all voted aye. The motion to approve carries.
Sign Appeal – Buffalo Wild Wings
8131 S. Howell Avenue
Tax Key No.: 813-9011
Commissioner St. John moved that the Plan Commission approve the variance for two wall signs, one on the east elevation and one on the west elevation.
Commissioner Grabowski seconds. Roll call, all voted aye. The motion to approve carries.
Plan Review – T-Mobile Equipment Building
8430 S. Orchard Way
Tax Key No.: 831-9021
For a complete transcript of this item please contact the Planning Department.
Commissioner Grabowski moved that the Plan commission deny the site and building plans for the T-Mobile equipment building.
Commissioner Dickmann seconds. Roll call, all voted aye with the exception of Commissioner Nowak who voted nay. The motion to deny carries.
Rezone/Planned Unit Development
239 & 235 E. College Avenue and 6440, 6460 & 6448 S. Howell Avenue
Tax Key Nos.: 719-9995, 719-9007, 719-9002-001, 719-9987-002, & 719-9986
For a complete transcript of this item please contact the Planning Department.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that the properties at 239 & 325 E. College Avenue and 6440, 6460 & 6448 S. Howell Avenue are rezoned from B-2, community Business to B-4 (PUD), Highway Business Planned Unit Development, after a public hearing and subject to conditions and restrictions which will be prepared for the Plan Commission at their next meeting.
Commissioner Nowak seconds. Roll call, all voted aye. The motion to approve carries.
Plan Review – We Energies Air Quality Controls System
11060 S. Chicago Road
Tax Key No.: 965-9999-001
Mr. Fortin explained to the Commission the applicant was requesting approval for the Air Quality Controls System. The facility is located along the lakefront at the far southeast corner of the City. The facility actually sits on the border of Oak Creek and >Caledonia.
Ms. Linda Sodemann, WE Energies, explained this was a continuation of the power the future initiative that they announced back in 2000. The first part was to build new generation which they are in the process of completing that and the second leg is to build renewables. The third leg is to upgrade the existing power plants with environmental controls. They are now seeking approval from the Public Service Commission to add the controls onto the existing power plant. It will take four years to construct with construction starting in May of this year and being complete in 2012. She also stated they would follow the conditional use permit that was approved back in 2003 as far as noise and construction directives for this site.
Mayor Bolender questioned if the DOT has ever gotten back to Engineering regarding the traffic lights on Elm. The light is getting dangerous because the light stays green and people can’t get out. Ms. Sodemann stated she would talk with the WE Power folks who would have a discussion with the DOT. Mr. Johnston stated they have looked at a plan previously to cycle it through during peak hours and they said that would not benefit from the system so they were unwilling to do that.
Mr. Dave Drement, WE Energies Project Manager, explained this was a replication of what they did at Pleasant Prairie. He explained that work that would be done and were it would be located on the property.
Commissioner St. John questioned if the chimney was in Racine County. Mr. Drement stated the line went about right through the middle. They are still working with the Fire Departments to work out fire calls.
Commissioner St. John questioned if they have a figure that shows where the generating plants are in relationship to this. Mr. Drement showed a rendering of the existing units.
Commissioner St. John stated the generating plants were clearly in Milwaukee County so the shared revenue under the existing configuration would come to Oak Creek because the generating system was in Milwaukee County. Ms. Sodemann explained the Stated Law was changed in January the shared revenue used to be based on the value of the property and it is now based on mega watt output. Generation mega watt output is in Oak Creek. A slight portion of it because of the coal shed and some of ancillary items that pertain to the generation piece Caledonia will get a small part of it but the majority of it will come to Oak Creek.
Commissioner Sokol questioned what percentage would go to Oak Creek. Ms. Sodemann stated she did not have the exact percentage. Commissioner St. John questioned if she saw a significant change in the portion after the facility was put in because it was part of the generation and not a support function. Ms. Sodemann did not see a significant change because everything was based on generation output. The amount was based on the two 600 mega watt units that were currently being built and roughly 1000 – 1200 mega watts that currently exist. On average 2400 mega watts of generation is what the formula is based on. The environmental equipment they are adding on has nothing to do with the revenue sharing formula. Commissioner St. John questioned who decides how the revenue sharing goes. Ms. Sodemann explained the State of Wisconsin determines the amounts and she guesses the Department of Commerce would be able to tell them. Commissioner St. John expressed concern for a portion of the shared revenue shifting to Caledonia because of the equipment being put in. Ms. Sodemann assured him that would not happen.
Alderman Grabowski asked what portion would be in Racine County versus what we know to be in Oak Creek. Mr. Drement stated probably on a valuation of equipment probably 65% Oak Creek and 35% Caledonia. Regardless of how much investment we make the output of the units do not change so the formula does not change. Ms. Sodemann stated she believed the project would not shift the money in any way.
Commissioner Grabowski expressed concern for not having documentation that the money was not going to be shifted.
Mayor Bolender explained that Larry has been involved in every conversation regarding We Energies. We get the payment by the amount of electricity put out. Commissioner Sokol stated he just needed to know that someone has looked at this and if Larry has looked at this it gives him some security.
Commission St. John explained the community that has the generating system will get the shared revenue based on generation now when you add the air pollution which is part of an addition to the generating facility. Now who gets the generating shared revenue? Because air pollution is part of the facility and it now straddles the line. Mayor Bolender stated it was the old facility and it was just being modernized for cleaner air.
Commissioner Sokol questioned with respect to the pollution controls if they are not put in what would happen to the power plant. Ms. Sodemann stated if the pollution controls were not added the units would have to be shut down 2012. Commissioner Sokol stated that would be Caledonia’s argument. Mr. Drement stated the reality of not putting in the air controls would be the plant would close down and 1100 mega watts would go away.
Mayor Bolender stated he did not want to argue the point he was explained to by the City Administrator and the City Attorney was that it was tied to generation not…
Assistant Fire Chief George Krudop explained that shared revenue should not come up here because We Energies was either going to build this here at this location with the blessing or they will probably end run the City. Shared revenue whether they build it here or build it somewhere else they are not going to move the stacks all into Oak Creek or all out of Oak Creek. It is what it is. Commissioner Grabowski stated they knew that. A.C. Krudop questioned what was the difference then, they were arguing whether they were in or out of the City. Commissioner Grabowski stated they were asking for a point of clarification. It is confusing to a few of us and as an Alderman of this City I am concerned that should that shift into Racine, which clearly it is identified that it is, is this City understanding and accepting when it comes down to the dollars. If I was Caledonia and I was Mayor there I would be wanting my portion of the dollars. A.C. Krudop stated it was a valid question but it was not going to be answered here. For time saving ask the question, ask for their input. Mayor Bolender stated he believed this was a plan review and now we have thrown more into the mix and we keep doing this on almost every topic. Mayor Bolender questioned if Larry was involved in any of these questions with the plan review or any of these questions for the Air Quality Control System. Mr. Fortin stated he was not involved with this specific plan review but he has been involved in the whole legal behind the scene things.
Mayor Bolender stated he believed because they were doing a plan review and they did not have all the facts and they were not experts with the agreement with Wisconsin Electric. This is a plan review and we are not going to settle anything between Oak Creek and Caledonia. We are just simply reviewing the plan. If we don’t want to discuss it maybe he could bring it up with the City Attorney and they could right a brief on this so we all understand this but according to what is here it is just a building plan and a sight review. If we are going to argue the question of what each city gets I think we are going deeper than we really need to on a plan review.
Commissioner Grabowski commented she has been supportive of the project thus far and the concerns raised this evening really warrant and demand an answer. Not from We Energies but from our legal side and she would be hesitant to vote on this at this time without that. Mayor Bolender stated they needed to stick to the topic. The Commission is here for a plan review and now we are doing policy and he does not think that is appropriate. Commissioner Sokol stated this is not policy. Mayor Bolender stated this was not a questioned that they were poised for this is a plan review. Larry and the Council can take up the questions at the next step and make sure that we are protected. Commissioner Grabowski questioned if the Commission could look at the diagram on the wall and consciously look at it and say they understand it and are fine with it then they should vote in favor. As one elected official in this City, the City has worked very diligently and been a very good partner and positive relationship with We Energies and it would take a few short minutes of the City Attorney’s time to look at this. Mayor Bolender suggested putting the item on hold and having Larry take a look.
Commissioner St. John questioned if there was any flexibility in the location of the unit. Mr. Drement stated there was no physical way to get it all into Oak Creek. This was the lowest cost option and the Commission would not allow them to do anything that would cost more money.
Commissioner Grabowski stated she had no idea that any portion of this would be located in Caledonia. Mr. Drement stated it was never a secret the line has been shown on drawings for the last year.
Mayor Bolender stated the item was on hold. Commissioner Sokol stated he had a couple of questions he wanted to ask.
Commissioner St. John stated if they can’t change it, even if it has negative consequences it just doesn’t matter. This is what has to be built we will have to work out and work through the consequences if there is no ability to change this. Commissioner Sokol stated at least they should know what they are doing.
Commissioner St. John moved to approve the site and building plan for the We Energies Air Quality Controls System subject to all of the building and fire codes being met.
Commissioner Dickmann seconds.
Commissioner Sokol questioned why this was on the agenda if they are not allowed to have input into this. Mayor Bolender stated they had a list of questions and they were trying to get to the bottom of some of this. They used to do it on the value of the buildings and now it is on output which is a whole lot different and Honadel and Plale was nice enough to get that through. So we got the money because it was on output not on the amount of the buildings. The line has always gone through both communities. Commissioner Grabowski stated she was not aware off that and she will go on record. This is something that should have been more detailed in the report.
Commissioner Sokol questioned if there was any way this was going to be tied into the new generation units that are being built. Mr. Drement questioned in what matter. Commissioner Sokol questioned if there would be any revenue sharing scheme tied into the new plan at all. Ms. Sodemann explained that each plant would have their own environmental controls. We are going to clean up the air, the nitrous oxide, the sulfur dioxide of the existing facility.
Commissioner Sokol questioned if We Energies has looked at the mercury emissions on this facility. Mr. Drement stated the have looked at that and they are doing research and development on mercury controls throughout the system and they are national leaders on that. This will by its very nature collect about 30 percent of the mercury. They are currently working on other processes to increase that amount. They are aware of the mercury problem and the emissions and are currently working with the State on the new mercury rules. What they are doing here fits those strategies to meet those rules. Commissioner Sokol questioned why none of this was mentioned in their report. Mr. Fortin reminded Commissioner Sokol they were reviewing a site plan not emissions. Commissioner Sokol pointed out that everything about SO2 and nitrous oxide was in the report but mercury was not in the report. This is relevant to the public. Commissioner Nowak pointed out it was not relevant to this issue. Commissioner Sokol questioned if there were going to be mercury controls coming down the pipe federally. Mr. Drement stated that was correct. There was also State rules that existed and were being modified. Commissioner Sokol questioned if this plant would have to abide by them when they happened. Mr. Drement stated that was correct. Commissioner Sokol questioned if they have thought about what they were going to do to this facility to meet those mercury emission standards when they come into effect. Mr. Drement explained they currently don’t need to do anything by the current State rules at this plant before 2015. The likelihood is they will use some chemical additives in either the scrubber itself or back into the furnaces to change the speciation of the mercury and results in a better capture. Commissioner Sokol asked for clarification that it would be chemical based rather than new equipment. Mr. Drement stated that was correct it would not be structures.
Roll call, all voted aye. The motion to approve carries.
Commissioner Grabowski commented there was such a lack of detail brought forth and she was tired of the bickering back and forth.
Zoning Text Amendment – S. 27th Street Corridor overlay districts
Mr. Fortin explained to the Commission HNTB has been looking at the zoning districts for 27th Street. It was noticed that as a permitted use you could do multi-family and high density residential as a straight permitted use. We would like to change that make any sort of multi-family residential a conditional use. That would be in the RRO and the NO mixed use district. We think the idea of allowing multi-family as a permitted use is not a good idea.
Mayor Bolender would like to have seen this brought up as part of the original rezoning of 27th Street. Mr. Fortin explained that is how it was originally drafted and approved and they did not want to see a situation where someone comes in and wants to put in an apartment building and you can’t stop me because it was a permitted use.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, questioned the purpose of the amendment. Mayor Bolender explained that 27th Street would be high density versus having half acre lots. Mr. Fortin explained there would be multi-family and in some cases high density especially if the urban village goes forward. This is something the City wants to allow but would like more control over the area with the conditional use.
Commissioner Grabowski requested clarification on the overlay district and questioned if staff has looked at the entire corridor and strictly out ruled areas that would not be permissible versus going with a broad brush stroke. Her concern was if a conditional use is granted or if there is enough support from the Planning Commission could a multi-family residential still come in under a conditional use. Mr. Fortin explained it could under these two districts. Regional Retail is Rawson Avenue north and the Neighborhood Overlay is two properties north of Drexel almost all of the way down to Ryan Road. These are the only two districts on the 27th Street Corridor that allow for multi-family residential. The area south does not allow any sort of residential.
Commissioner St. John stated if you have an apartment building you would have to get a conditional use. Mr. Fortin stated that was correct in theses two districts. Commissioner St. John stated if he takes the same apartment building and puts a laundromat on the first floor that was available to the public, is he now a mixed use and falls outside of the conditional use. Mr. Fortin explained that was not the case because the residential component was going to require a conditional use.
Commissioner Dickmann moved that the Plan Commission recommend to the Common Council that:
- Section 17.0330 is amended to make Multi-family residential a condition use in the RRO, Regional Retail S. 27th Street Overlay Zoning District after a public hearing.
- Section 17.0332 of the Zoning Ordinance is amended to remove high density residential as a permitted use and to make multi-family residential use a conditional use in the NO, Mixed Use Neighborhood S. 27th Street Overlay District, after a public hearing.
Commissioner Siira seconds. Roll call, all voted aye. The motion to approve carries.
Commissioner Grabowski moved to adjourn. Commissioner Nowak seconds. Roll call, all voted aye. The meeting adjourned at 10:30p.m.