MINUTES OF THE
OAK CREEK PLAN COMMISSION MEETING
TUESDAY, APRIL 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 Johnston, Commissioner Siira, Mayor Bolender, Commissioner Grabowski Commissioner Correll and Commissioner Nowak. Commissioners Kopplin and Sokol were absent. Also present were Jeff Fortin Planner, City Attorney Larry Haskin and Assistant Fire Chief George Krudop.
Commissioner Grabowski moved to approve the minutes of the regular Plan Commission meeting of April 8, 2008. Commissioner Dickmann seconds. Roll call, all voted aye with the exception of Commissioner Correll who abstained. The minutes were approved as submitted.
Report on Significant Common Council Actions
Commissioner Dickmann questioned why the text amendment to allow limousine services with outdoor storage was held at Council. Mr. Fortin explained he was not sure of the reasoning behind holding the item but the Zoning Administrator has notified them they have thirty days to vacate and stop operation of the limousine service.
(Reconsideration) Plan Review – T-Mobile Equipment Building
8430 S. Orchard Way
Tax Key No.: 831-9021
Mr. Fortin explained to the Commission the item was being brought back for reconsideration by the Commission after being given the legal opinion by the City Attorney.
City Attorney Larry Haskin explained to the Commission there were several facets involved with this plan review and shared his legal opinion regarding the decision made by the Zoning Board of Appeals.
Mayor Bolender moved to reconsider the Plan Review for the T-Mobile Equipment Building at 8430 S. Orchard Way.
Commissioner Nowak seconds. Roll call, all voted aye. The motion to reconsider carries.
Ms. Lisa Bera explained all the information from the April 8 meeting remains the same and includes the mounting of the antennas on the water reservoir structure and a building shelter at the base will be 10’ x 20’.
Mr. Mark Nicholson, 6183 S. Packard Avenue, requested the building be moved closer to the tree line and also adding a landscape berm to hide the building. Mayor Bolender also questioned if there was any way to hide the building. Ms. Bera explained the location was discussed at length with the Water Utility and they are both in agreement on the location but they would be happy to add additional landscaping along with the wrought iron fencing if that was necessary. Mayor Bolender did not want to move the building back closer to the woods and lose any trees.
Commissioner Grabowski questioned if there had been any discussion of the concerns brought by landowner Norb Theine. Ms. Bera explained the issue was brought up at the Board of Zoning Appeals meeting and it was discussed and decided not to move the building. Commissioner Grabowski requested they have a discussion with Mr. Theine and the Planning Department. Ms. Bera commented she did not want to rely on the decision of an adjacent landowner where there is no development to hold up the process. She was willing to work with the Planning Department on the landscaping.
Commissioner Grabowski expressed concern for the City giving itself a variance to its own ordinance and questioned if the smaller setback may open up the City to a failure to protect for the public health, safety and general welfare in regards to this permanent authorization. Attorney Haskin did not believe there would be any liability.
Mayor Bolender suggested Ms. Bera speak with the City Forester for suggestions on how to hide the building.
Mr. Claude Krawczyk, Attorney for T-Mobile, explained there was not really any room to move the building. He also pointed out it was a masonry structure
Commissioner Johnston pointed out the building could be shielded with landscaping on the north side of the pathway.
Commissioner Dickmann moved that the Plan Commission approve the site and building plans for the T-Mobile equipment building subject to all building and fire codes being met and that T-Mobile meets with the City Forester for landscaping ideas to be incorporated.
Commissioner Siira seconds. Roll call, all voted aye with the exception of Commissioner Grabowski. The motion to approve carries.
Commissioner Sokol arrived at 7:36 p.m.
Conditions and Restrictions – Syner g Hotel Development
239 & 325 E. College Avenue and 6640, 6460 & 6448 S. Howell Avenue
Tax Key Nos.: Multiple
Mr. Fortin explained to the Commission the applicant was returning to the Plan Commission for approval of conditions and restrictions to govern the PUD. The conditions and restrictions have some provisions that aim to address some of the concerns of the Plan Commission and the neighbors to the south.
Commissioner Johnston questioned if the restaurant was going to have any signs. Mr. Fortin stated the restaurant would be permitted the same number of signs, two wall signs and one monument sign. He believes the idea was that each business would have an internal monument sign and a master identification sign for the two hotels.
Mr. Arden Degner, 8540 S. Pennsylvania Avenue, commented if the hotel was being proposed with the snap-on masonry instead of the structural masonry he would say it was not the right building for Oak Creek. Mayor Bolender stated they were not proposing that kind of construction.
Mr. Ray Woods, 5121 S. 43rd Street, owns the property just north of the proposed parking lot. He stated he was happy with the development because it would enhance the value of his property. He expressed concern for the contamination on the site spilling over onto his property. Mayor Bolender explained they were going to cap the area with asphalt as directed by the DNR.
Mr. Woods questioned if there was going to be a retaining wall built to hold his property back. Mayor Bolender stated he has not yet seen the landscaping plan.
Mr. Jim Beyer, 320 E. Jewell Street, questioned if the berm was going to be extended an additional two feet to help with the noise from the parked cars. Mayor Bolender commented plantings were some times better than a berm. He questioned if he would rather look at trees or a mound of earth. Mr. Beyer stated he would rather look at a mound of earth because the trees would take so long to grow. He also inquired about the height of the light poles. Mayor Bolender explained the regulations at this time with the lights prevent light from spilling over off of its property.
Mr. Beyer questioned if the parking was only going to be for hotel guests or would it also be for the general public. Mayor Bolender stated that may be the case he did not know what the future plans were for the parking lot. Mr. Beyer questioned if the Commission had a problem with the parking for the general parking. Mayor Bolender stated he did not really have a problem with general public parking.
Mr. Darryl Rausch, 220 E. Jewell Street, commented he would like Syner g to be good neighbors and put in a larger berm and put in mature large trees, limit the lighting to subdued standards. He commented the 24/7 operation of the proposed business would severely affect the neighborhood.
Mr. Gerald Garrett, 1237 Lucille Avenue, Twin Lakes, commented he was under the impression the parking would all be valet parking and billed through the hotel. Mr. Fortin stated that was correct and it would be written into the PUD.
Commissioner Siira concurred with Mr. Beyer’s request to add two feet to the height of the berm because of the scale of the development. He would be in favor of amending item 4b to read six foot high berm as opposed to four feet and would like to add some language to item 3 pinning down that there would be some sort of lighting cut offs on the pole mounted light fixtures within the long term parking area.
Commissioner Siira moved that the Plan Commission recommend to the Common Council that the conditions and restrictions are approved as part of the Planned Unit Development for the properties at 239 & 235 E. College Avenue and 6440, 6460 & 6448 S. Howell Avenue after a public hearing including the minor revisions outlined in the Planning Department memo dated April 22, 2008 and that item #3 Lighting include provisions for lighting cutoffs for all pole mounted light fixtures within in the parking field. Item 4b be revised to read the landscape berm height will be at least six feet high as opposed to four feet high. Items 4-10 be renumbered in sequence 6-12 and renumbered item 12 be edited to read “if” building permits have not been issued for both hotels.
Commissioner Grabowski seconds.
Mr. Greg Trapani objected to the six foot high berm height and would like some reconsideration on the height. They have proposed more plantings than are required by the code and the site lines show they will not be able to see a car with the proposed height of the berm and the plantings. Commissioner Siira questioned how they were arriving at such a wide base with a four foot high berm. Mr. Greg Governatori, Kapur and Associates, explained in the forty-five foot setback they also have a swale for drainage. The berm takes up about thirty feet and then there is a two or two and half foot drainage swale that drains the water into the detention basin. That is why they are limited on space. In order to add two feet they would need to increase the slopes beyond the recommended grade based on approval from the DNR and the Engineering Department. Commissioner Johnston explained the standard for the berm was a four to one slope, mostly for maintenance. They are proposing a no mow fescue and wildflower seed mix which would require limited maintenance on their part. If we put that up to a three to one slope he believes they can get it to work. Mr. Governatori stated the slope is already being proposed at a three to one slope.
Commissioner Johnston explained to get the berm at twenty-five feet and then they have a twenty foot swale that is what takes the forty-five feet. If you add another two feet on top of the berm you will add another twelve feet onto the berm.
Mr. Trapani commented they are sensitive to the neighbors and they believed they were blocking their view with the berm and the amount of trees that they were putting in. The majority of the vehicles being parked are going to be cars and cars are about five feet.
Mr. John Golitz commented they went through three neighborhood meetings plus the original neighborhood, plus two separate field visits where they went out to the neighbor’s yards. The asked the neighbors who came to the meetings if they designed a berm such as this would they support the project and everybody in attendance including Mr. Beyer stated they were in favor of the that. They feel they have gone over and above what was necessary. This was supposed to be in agreement with everyone.
Mr. Beyer disagreed and said he did not say one way or another because they were never told the height of the berm. He did not feel a four foot berm was sufficient to screen five hundred cars.
Commissioner Siira referenced the landscaping graphic included with the staff report and explained if the graphic was accurate as drawn you would be able to see the tops of the cars from Jewell Street.
Mayor Bolender commented he would like the opportunity to speak with the Stramowski’s and see if they would be willing to allow an easement for the berm to straddle both properties.
Mr. Fortin questioned if a five foot berm would be a good compromise.
Mr. Trapani did not have an issue with the height of the berm but rather with the berm going into the parking lot and wiping out a whole row of parking. They would be willing to raise the height to five feet if they could get a waiver on the slope so they can build the berm within the forty-five feet.
Mayor Bolender commented they could work within the City to help accommodate a six foot berm with nice plantings on top. He would work with the City and Engineering to work on getting what was needed.
Mr. Fortin suggested they go with angle parking and narrow the drive aisles and then shrink the amount pavement that needed to go in and creating extra space for the height of the berm.
Roll call, all voted aye. The motion to approve carries.
Preliminary Plat – Autumn Fields Subdivision (Bielinski Homes)
Tax Key Nos.: Multiple
Mr. Fortin explained to the Plan Commission the applicant was requesting approval of a preliminary plat for the Autumn Fields subdivision. The preliminary plat would create 105 lots in the Rs-2 (PUD), Single Family Residential zoning district. The PUD ordinance requires a minimum lot area of 17,000 square feet and a minimum lot width of 85 feet. Each of the lots meets or exceeds this requirement. The developer is proposing constructing this subdivision in four phases.
Commissioner Dickmann questioned if Chestnut Lane was part of phase two so the emergency exit was there while the subdivision was being built. Mr. Daniel Szczap, Bielinski Homes, explained it was technically phase two but it would actually be done as the first phase.
Mr. Steve Bautch, 3264 E. Lindy Lane, questioned if the deed restrictions had been received by the City at this point. Mr. Fortin explained they would be done as part of the final plat.
Commissioner Grabowski moved that the Plan Commission approves the preliminary plat for the Autumn Fields Subdivision located at 3010, 3080, 3110, 3260, 3330R, 3324, and 3400 E. Elm Road, subject to the following conditions:
1. That the developer shall file an application for rezoning for the new floodplain boundaries prior to final plat approval.
2. That all technical corrections are made prior to final plat submittal.
3. That the final grading, drainage, and stormwater management plans are approved by the Engineering Department.
4. That the final utility plans are approved by the Water and Sewer Utiility.
5. That the street names shall be approved by the Department of Community Development and the Fire Department.
6. That a development agreement is entered into between the owner and the City specifying the timing of and responsibility for any required public improvements.
Commissioner Dickmann seconds. Roll call, all vote aye the motion to approve carries.
Conditional Use Permit – Advanced Animal Hospital
9000 S. 27th Street
Tax Key No.: 856-0070-007
Mr. Fortin explained to the Commission they approved the site, building, and landscaping plans for a two-story multi-tenant retail and office building for the property at 9000 S. 27th Street. The developers are requesting a conditional use permit to allow them to open an animal hospital in one of the first floor tenant spaces.
Commissioner Grabowski questioned if it was customary to send animals home the same day as surgery. Mr. Aman Singh confirmed it was customary to send animals home the same day and they typically do neuters and spays. Commissioner Grabowski questioned if they would be providing any grooming services. Mr. Singh explained they provide services for sick dogs that only need antibiotics or pain meds and go home or regular check-ups.
Commissioner Siira questioned if the animal hospital would prohibit the owners from having certain types of other tenants occupying the adjacent space. Mr. Singh stated he owned the building. Commissioner Siira questioned if there was any sort of occupancy separation that would prohibit certain types of other tenants such as a Subway. Mr. Singh explained they have the same setup at another plaza in Hales Corners. There are sandwich shops and offices in the building and it has not been a problem. Mr. Fortin stated he spoke with the City Sanitarian and he did not have any issues with the use as long as they meet Code. There is no space separation requirement. Commissioner Siira did not want to make sure approving this was not going to promote problems in the future for the building.
Commissioner Johnston questioned if there was a way to limit the conditional use to the first floor of the building. Mr. Fortin explained that was possible when they did the conditions and restrictions it could be added that it would only be permitted on the first floor.
Commissioner Sokol commented he was glad to hear there was a neighborhood meeting on this issue. Mr. Fortin explained at the request of Alderman Michalski they notified over sixty people and three people attended the meeting. One lady came and stated she supported the proposal and the two other neighbors expressed concern for any commercial use in the area as opposed to residential along 27th Street. Mr. Fortin encouraged the residents to speak at this time if they had any concerns.
Commissioner Siira questioned what part of the first floor were they planning to locate the business. Mr. Singh stated they were looking to put it on the corner near the 27th and Hilltop area. Commissioner Siira suggested they look at possibly putting the business on the north end of the building that was only one story and then the possibility of disturbing other tenants would be minimized. Mr. Singh stated they would consider the idea.
Commissioner Grabowski questioned what else they envisioned in the building. Mr. Singh explained it was a neighborhood so there could be a sandwich place or an insurance agency or perhaps a hair salon. He would be looking for something that could serve the neighborhood. There was some talk of a possible beverage store.
Commissioner Grabowski expressed concern for this being an appropriate location for this type of a conditional use. She expressed concern for a day facility for animals and it being a detriment to the area. Mr. Singh explained an animal hospital was a very good anchor tenant for the building. They have three other animal hospitals in the area and they have proven to be an anchor tenant because it is a business that actually runs well. You don’t see many animal hospitals going out of business. That encourages other tenants to come into the building which raises the tax base. Commissioner Grabowski expressed concern for this being the highest and best use for the site.
Commissioner Nowak moved that the Planning Commission recommends to the Common Council that a conditional use permit for an animal hospital be granted for the property at >9000 S. 27th Street after a public hearing and subject to conditions and restrictions being prepared for the Plan Commission at their next meeting.
Commissioner Correll seconds. Roll call, all voted aye. The motion to approve carries.
Zoning Text Amendment – Exterior Materials
Mr. Fortin explained to the Commission at the March 11, 2008 meeting the Plan Commission had an extensive discussion on what types of exterior materials should be permitted on non-residential buildings. Staff was directed to prepare an ordinance that would have a list of acceptable materials and would require a ¾ majority of the Commissioners present to use a material not specifically listed as acceptable.
Commissioner Siira moved that the Plan Commission recommend to the Common Council that the proposed amendments to Section 17.1009 (a) of the Zoning Ordinance are adopted after a public hearing.
Commissioner Dickmann seconds. Roll call, all voted aye. The motion to approve carries.
Commissioner Grabowski moved to adjourn. Commissioner Siira seconds. Roll call, all voted aye. The meeting was adjourned at 8:26 p.m.