BROWN DEER PLANNING COMMISSION
JUNE 11, 2001 MEETING MINUTES
HELD AT THE BROWN DEER VILLAGE HALL
4800 WEST GREEN BROOK DRIVE
The meeting was called to order by Village President Margaret Jaberg at 7:30 P.M.
I. ROLL CALL
Present: Village President Margaret Jaberg, Trustee Yvonne Nealy, Trustee Tim Schilz; Commissioners Susan Bellehumeur, Carl Krueger, Jim McGuigan, John Raffensperger, Jerry Schmitz and Debra Falk
Also Present: Trustee Jeff Baker; Russell Van Gompel, Village Manager; Mary Kay Buratto, Community Development Director.
II. PERSONS DESIRING TO BE HEARD
There were none.
III. CONSIDERATION OF MINUTES: May 14, 2001 - Regular Meeting, and
May 21, 2001 – Special Meeting
Commissioner Debra Falk informed staff that her first name is spelled D-E-B-R-A and asked that the spelling of her name in the minutes of both meetings be corrected.
It was moved by Commissioner Raffensperger and seconded by Commissioner Bellehumeur to approve the minutes of the Regular Meeting on May 14, 2001. The motion carried unanimously.
It was moved by Commissioner Bellehumer and seconded by Commissioner Schmitz to approve the minutes of the Special Meeting on May 21, 2001. The motion carried unanimously (with Commissioners Raffensperger, McGuigan, and Trustee Schilz abstaining).
IV. REPORT OF STAFF/COMMISSION MEMBERS
Mary Kay advised Commissioners that the Market Place Expansion had obtained its first building permit today. Since the last meeting, Mary Kay has contacted the Southeastern Wisconsin Regional Plan Commission (SEWRPC) to set a date for representatives to brief the Village on the Freeway Reconstruction Study. Gary Korb will get back to Mary Kay with some available dates as soon as SEWRPC has determined a format for these briefings.
Village Manager Russ Van Gompel informed Commissioners that will be contacting a representative from the UW Extension to meet with the Village Board to begin discussing strategic planning and comprehensive planning to look at land use issues and Village services.
V. UNFINISHED BUSINESS
A) Request to Recommend Planning Fee Application Schedule
(This Item was moved to the end of the agenda to accommodate the applicants and the public who were in attendance for the business items. It was taken up at 9:01 p.m.)
Commissioners reviewed Mary Kay’s report and the attached survey on application fees charged in other communities. Commissioners requested that the ordinance adopting the fees should indicated that staff has the discretion to amend the fee for minor requests when requested by an applicant and when staff determines that the amount of time required for review of the proposal is more than covered by the fee paid. Commissioners agreed that the fees were conservative and that requiring application fees is long overdue. They believe the fees will benefit the taxpayers because the fees will offset the cost of staff time.
It was moved by Commissioner Krueger and seconded by Commissioner Bellehumeur to recommend that the Village Board approve the application fee schedule as presented including giving the Village Manager the discretion to adjust the fee for minor requests after consulting with the Director of Community Development. The motion carried unanimously.
VI. NEW BUSINESS
A) Site Plan Approval for Outdoor Dining at the Kurt Schulz Deli, 8752 North Deerwood Drive. Requested by Tony and Julie Reno.
B) Recommend Planned Development Approval for Outdoor Dining at the Kurt Schulz Deli. Requested by Tony and Julie Reno
The applicant is asking for site plan approval and approval of a planned development agreement for outdoor dining at their deli in the original village district. Commissioners asked about the number of tables, access to the patio from the public area of the store, placement of the dumpster, hours of operation and if any additional parking was being provided. The owners would like to provide four wrought iron tables and a total of sixteen wrought iron chairs on the patio. No additional parking is provided or needed and customers will exit the store from the back to get to the patio. The dumpster will be relocated away from the patio area and waste receptacles will be provided on the patio for diners. The outdoor dining patio will be available during the business hours, which are M-F until 5:00 p.m., Saturdays from 9 a.m. –3 p.m. and closed on Sundays.
Commissioners discussed the impact of the outdoor dining on neighboring properties. Mr. Reno advised commissioners that he owned the adjacent residential structures and that both are now in retail use. Commissioner Raffensperger noted that the legal description appears to be incorrect. Mary Kay will replace it with the correct legal for the property.
It was moved by Commissioner McGuigan and seconded by Commissioner Schmitz to hold a public hearing and to have the Health Department review the area proposed for re-location of the dumpster and the removal of the tree near the patio. The motion failed 3 – 6 (opposed Trustees Schilz, Nealy and Commissioners Bellehumeur, Falk, and Raffensperger, and Village President Jaberg).
The discussion continued and centered on whether or not the proposed use was a substantial enough change to require a public hearing. Commissioner Schilz believed that no public hearing was needed because the use is not an expansion of the existing deli use and that outdoor dining in the original village district has been approved for the River Lane Inn. Commissioner Raffensperger and Trustee Nealy agreed. Commissioner Schmitz expressed a concern about the sensitivity that neighbors may feel about the use and also was concerned that this proposal be treated in the same manner as other requests. Commissioners agreed that the agreement should include the following conditions: #7) Approval for four wrought iron tables and sixteen wrought iron chairs, and #8) Site Plan to be reviewed by Health Department to determine best location for dumpster.
It was moved by Commissioner Bellehumeur, and seconded by Commissioner Raffensperger to approve the site plan and recommend the Planned Development Agreement with the addition of #7) Approval for four wrought iron tables and sixteen wrought iron chairs, and #8) Site Plan to be reviewed by Health Department to determine best location for dumpster. Motion carried 8 – 1 (opposed Commissioner McGuigan).
C) Concept Plan Approval for a Four (4) Pump Fuel Center at the "Fresh for Less" food store located at 6300 West Brown Deer Road. Requested by the Fleming Company, Inc.
The Fleming Company presented their concept plan showing the location of the fuel center relative to the grocery store and presented the traffic impact analysis which their consultant prepared. Commissioners reviewed the concept and asked questions of the project engineer and of the representative from the Fleming Company. After considerable discussion of the proposal and review of the traffic impact study, the commissioners expressed their desire that any proposed expansion of the existing use should be brought to the Village as a unified plan for the entire site, as was the case with the expansion of the Market Place. Commissioners also agreed that a fuel center was not appropriate for the site because of the internal traffic circulation problems it will create and that the fuel center will make the site less attractive than it already is. Another concern expressed by the Commission was that if the fuel center and/or the "Fresh for Less" concept did not survive, the site would be a difficult one to redevelop. In general, commissioners believed that a fuel center at this location did not meet the spirit or intent of the Zoning Code and especially the B-3 Commercial District.
It was moved by Commissioner McGuigan, and was seconded by Commissioner Bellehumeur to deny concept approval because the proposed use was inappropriate for the site and did not meet the spirit or intent of the B-3 Commercial District. Motion carried unanimously.
VII. ADJOURNMENT
It was moved by Mr. Raffensperger and seconded by Ms. Bellehumeur to adjourn at 9:21 P.M. The motion carried unanimously.
Russell Van Gompel, Village Manager
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