JOINT MEETING OF THE BROWN DEER

PLANNING COMMISSION AND VILLAGE BOARD

MAY 14, 2001 MEETING MINUTES

HELD AT THE BROWN DEER VILLAGE HALL

4800 WEST GREEN BROOK DRIVE

Village President Margaret Jaberg called the meeting to order at 7:30 p.m.

I. ROLL CALL

PLANNING COMMISSION

Present: Village President Jaberg, Trustee Yvonne Nealy, Trustee Tim Schilz, Susan Bellehumeur, Carl Krueger, Jim McGuigan, John Raffensperger, Jerry Schmitz, Debra Falk

Excused: None

VILLAGE BOARD

Present: Trustee Jeff Baker, Trustee Ron Kundinger, Trustee Robert Moranski, Trustee Susan Schneider

Excused: None

Also Present: Village Manager Russell Van Gompel, Village Attorney William P. Dineen, and Director of Community Development Mary Kay Buratto.

II. PUBLIC HEARING

(Before the public hearings were opened, Village Manager Russ Van Gompel addressed the Commission on one change to our approvals process that staff is introducing at this meeting. At Mary Kay’s suggestion, petitions for Conditional Use Permits will be placed first on a Village Board agenda for referral to the Plan Commission. At the Plan Commission meeting, Commissioners review the petition, specifically the business, site and operational plan elements. The Plan Commission sends its recommendation on the petition to the Village Board and sets the public hearing date. The public hearing takes place at a meeting of the Village Board. Mary Kay’s intent is to streamline the process and make it more efficient. Commissioners agreed to try the change, but asked that applicants make a full presentation of proposed conditional use permit projects to the Plan Commission.)

A) US Cellular Petition for a Conditional Use Permit for Cellular Antennae and A Ground Installation on the Water Utility Stand Pipe , 4290 West Calumet Road.

The Village Board and Plan Commission reviewed a request from US Cellular for a conditional use permit that the Plan Commission had reviewed and recommended for public hearing in February, 2001. The only change to the original request is for a TDMA 800 cabinet rather than the much larger concrete vault.

Stephanie Moes (Park Plaza Court) Spoke in favor of the installation. She is a US Cellular subscriber and believes that US Cellular should be able to locate in Brown Deer as other providers have so that she can also have better quality service.

Victor Frank (7641 North Sherman Boulevard), Member of the Water Commission, asked the Board and Plan Commission to understand that these installations provide revenue that keeps water costs down. He asks that the Board support the installation

Village President Jaberg closed the public hearing.

Following the public hearing, Commissioners and Board members discussed the impact of this installation (and existing installations) on the aesthetics of the site. There was concern that the number and types of cabinets are an eyesore at this entrance to the Community already identified by the existing stand pipe. Members asked questions about the lease agreement and wanted to know if US Cellular would remove their equipment if they went out of business. This is taken care of in the lease agreement that is on the May 17th agenda of the Water Commission for approval.

(No action was taken because proper notice was not given. Later in the meeting, the Plan Commission agreed to meet at 7:00 next Monday, May 21st to recommend the item for action the same evening by the Village Board.)

B) Ordinance Changing the Name of Woods Drive To Woods Circle in the Donges Woods Subdivision

The Village President opened the public hearing on the renaming of Woods Drive to Woods Circle. No one from the public spoke.

Village President Jaberg closed the public hearing.

(No action was taken on the street name change because proper notice was not given. This item will be placed on the Village Board agenda for action on Monday, May 21, 2001.)

III. UNFINISHED BUSINESS

THE FOLLOWING ITEMS WERE TAKEN UP BY THE PLAN COMMISSION

A. Recommend approval of the Business Planned Development Project Plan For The Expansion of The Market Place at Brown Deer, Requested by JDN Realty Corporation.

B. Recommend approval of Supplemental Development Agreement No. 4 For The Expansion of The Market Place at Brown Deer, Requested by JDN Realty Corporation.

(These items were taken together.)

JDN Realty Corporation presented their final planned development project plan for an expansion of the center incorporating 48,000 square feet of storefronts added to the existing in-line shops and an outbuilding providing 10,400 square feet of retail space. The expansion accommodates a $4 million dollar expansion of the Kohls Department Store and the addition of an Old Navy store and a Bath and Body Works store. The outbuilding will support an Appleby’s restaurant, the House of Roth drive-thru dry cleaners and space for three other small storefronts. In addition, the owners are reconfiguring the parking for the Pick and Save grocery store and adding planting islands in other areas of the parking lot. The expansion will result in the removal of the Hardees building and sign when the outbuilding is completed. Kohls hopes to have their expansion completed by the Christmas retail season in December 2001.

Ron Bryson, of JDN Realty Corporation, and Frank Pletcher, the project architect, updated Board members and Commissioners on the changes they had made to the final plan which responded to ideas and concerns raised over the past months by the Village. The Building Board has approved the architecture for the in-line building and the new outbuilding, and the Beautification Committee has approved the project landscape plan. Staff and the Village attorney are reviewing the Development Agreement.

Board members and Commissioners discussed and asked questions about parking, traffic stacking around McDonalds, signage, internal pedestrian circulation and clarifying the language in one area of the development agreement. The Village Board asked that the Developer stripe a crosswalk from the east side of the outbuilding across the internal north-south driveway to the parking lot serving the in-line center and to install stop signs at that spot.

It was moved by Commissioner McGuigan and seconded by Commissioner Bellehumeur to grant an exception for parking to allow 2,053 total parking spaces instead of the 2,787 parking spaces required by Volume 2, Article 3-3.06 (K) 4 (f) and (o) finding that the reduced number of spaces will not adversely impact traffic circulation or public safety and that the exception is not inconsistent with the public health, safety and welfare of the immediate neighborhood and of the Village. The motion carried unanimously.

It was moved by Commissioner Raffensperger and seconded by Commissioner Krueger to recommend approval of the Planned Development Project Plan and the Fourth Supplemental Agreement for the expansion of the Market Place at Brown Deer subject to 1) An understanding that the Drainage Plan is for illustrative purposes only, pursuant to the development agreement, 2) Water Commission review and approval of the Dedication of Water Main and Access Easement Agreement, 3) Building Board approval of the signage plan, and 4) Review and approval of the Development Agreement by the Village Attorney. The motion carried unanimously.

THE FOLLOWING ITEMS WERE TAKEN UP BY THE VILLAGE BOARD

C) Approve the Business Planned Development Project Plan For The Expansion of The Market Place at Brown Deer, Requested by JDN Realty Corporation.

D) Approve the Supplemental Development Agreement No. 4 For The Expansion of The Market Place at Brown Deer, Requested by JDN Realty Corporation.

(These items were taken together)

It was moved by Trustee Schilz and seconded by Trustee Moranski to approve the Planned Development Project Plan and the Fourth Supplemental Development Agreement for the Expansion of the Market Place at Brown Deer subject to: 1) An understanding that the Drainage Plan is for illustrative purposes only, pursuant to the development agreement, 2) Water Commission review and approval of the Dedication of Water Main and Access Easement Agreement, 3) Building Board approval of the signage plan, and 4) Review and approval of the Development Agreement by the Village Attorney. The motion carried unanimously.

IV. VILLAGE BOARD ADJOURNED AND PLAN COMMISSION RE-CONVENES

V. PERSONS DESIRING TO BE HEARD

A) Galyn Bennet, Forth of July Committee

Galyn Bennet, representing the Fourth of July Committee, presented Plan Commissioners with raffle tickets that benefit the Fourth of July program.

VI. CONSIDERATION OF MINUTES

It was moved by Trustee Nealy and seconded by Commissioner Raffensperger to approve the minutes of the regular meeting of April 9, 2001 . The motion carried unanimously.

VII. REPORT OF STAFF/COMMISSION MEMBERS

Mary Kay asked Commissioners if they would like to take the Southeastern Wisconsin Regional Plan Commission (SEWRPC) up on its offer to brief the Village Board and other Boards and Commissions on the Freeway Reconstruction Study. Commissioners directed Mary Kay to contact SEWRPC to set up a meeting with the Village Boards and Commissions for an initial briefing sometime in June of this year. The Commission may want to schedule two other briefings to coordinate with the timing of the SEWRPC’s timeline for preparing its final recommendations on the reconstruction of the freeway system.

VIII. NEW BUSINESS

A) Concept Site Plan Approval For Day Camp Campsite Improvements, requested by the YMCA of Metro Milwaukee, Schroeder Branch, 9250 North Green Bay Road.

Mr. Mike Hamlin, senior property manager for the Y has requested site plan approval for a gazebo, trail extensions and a boat landing to their outdoor campsite. After a brief presentation of the proposal by Mary Kay Buratto, Commissioners asked the applicant be prepared to give a presentation on the proposed improvements when he returns with his engineered site plan. Commissioners also asked Mary Kay to find out if the climbing tower, approved last year, has been built.

It was moved by Commissioner McGuigan and seconded by Commissioner Raffensperger to grant concept plan approval. The motion carried unanimously.

B) Recommend Conditional Use Permit Approval For Hadassah Upscale Resale Shop at 7701 North Teutonia Avenue.

C) Set the June 4th Public Hearing Date for the Conditional Use Permit for Hadassah Upscale Resale Shop.

Commissioners reviewed the request by property owner Jim Bertram for a conditional use permit for the Hadassah resale shop on his property at 7701 North Teutonia. Commissioners asked that in the future they would like to see a full presentation for projects requesting a recommendation for a conditional use permit.

Anne Lowe, representing Hadassah Upscale Resale, asked that the Public Hearing date be set later because she will be out of town on June 4th. Commissioners agreed to set the Public Hearing date for June 18th before the Village Board.

It was moved by Commissioner Raffensperger and seconded by Commissioner Falk to recommend approval of a conditional use permit for Hadassah Upscale Resale at 7701 North Teutonia Avenue and to set the public hearing date for June 18th . The motion carried unanimously.

D) Recommend Conditional Use Permit Approval for an Ameritech DSL installation on Lot 58, Donges Woods Subdivision.

E) Set the June 4th Public Hearing Date for the Conditional Use Permit.

Commissioners discussed the request and the proposed site plan and equipment layout for the installation. They expressed concern over the marketability of Lot 58 with the easement and equipment on it. They noted that the hatch for the underground vault protruded 34 inches above ground and that a 2 feet by 4 feet cross box on a 7 feet by 4 feet cement slab would need significant landscaping to shield it from view. Commissioners were also concerned about the location and materials for the proposed 16 feet by 50 feet driveway. Mary Kay stated that it was her understanding that the Village would require a paved driveway leading to the installation. Some Commissioners believed the driveway should be paved, while others were concerned about the look of a paved driveway coming off County Line Road onto Lot 58. Commissioners discussed different locations for the installation and different dimensions for the driveway.

Commissioner McGuigan was interested in seeing a landscape plan for the site and Commissioner Raffensperger asked how many other DSL installation were in place or proposed for the Village. The Village Manager knew of one other site and the Ameritech representative said he would try to obtain that information for the Commission.

After reviewing the request and hearing from Mr. Robert Bokowski who represented Ameritech, Commissioners agreed to hold this item over until the June meeting to give the applicant time to prepare a full presentation that included elevations of the entire installation, clear photos of the site and its relationship to the surrounding area and a schedule of all the steps Ameritech needs to take to get all the necessary Village approvals for this installation. Commissioners also asked that the property owner(s) be present when the item comes back for review.

It was moved by Commissioner Bellehumeur and seconded by Trustee Schilz to hold this item over until the June meeting. The motion carried unanimously.

F) Recommend Discontinuance of the Pavement of That Portion of North 54th Street that Crosses Southbranch Creek.

Village Manager Russ Van Gompel reminded Commissioners that this request is related to the stormwater improvements in the area between Willow Road and Churchill Lane on North 54th Street. Because the cost of installing the box culverts and subsequent road reconstruction to allow automobile traffic over the drainage improvements was greater than anticipated, the decision was made to install a pedestrian bridge to save costs. There are statutory requirements for the discontinuance of streets that the Village must follow including introducing a resolution to discontinue the pavement, publish a Class III notice, serve notice on abutting property owners and hold a public hearing not less than forty days after the resolution is introduced. The action requested by the Plan Commission is to authorize the preparation of the resolution for introduction by the Village Board at its next meeting.

Commissioners discussed the request and asked that a public informational meeting by held in addition to the required public hearing and that all residents in the area bounded by Dean Road, Bradley Road, North 55th Street, and North 51st Street be given notice of the informational meeting and of the public hearing. The Library was suggested as a possible location for the informational meeting. Commissioners requested that the meeting be held as soon as possible.

It was moved by Commissioner Raffensperger and seconded by Commissioner Falk to authorize staff to prepare the resolution for the discontinuance of a portion of the pavement of North 54th Street crossing Southbranch Creek and to hold an informational meeting for residents of the area bounded by Dean Road, Bradley Road, North 51st Street and North 54th Street. The motion carried unanimously.

G) Recommend Plan Commission Application Fee Schedule.

Mary Kay asked Commissioners to consider recommending adoption of application fees that will help offset the cost of staff time reviewing and processing development requests. She explained that the fees presented reflected an average time for the different types of development approvals requested. Some Commissioners believed the fees were long overdue, but others expressed concern about how small businesses and individual owners of smaller, single properties would be affected by the fees. Commissioners asked Mary Kay to: 1) Survey several other communities to see if the proposed fee schedule is in line with what other communities are charging, 2) Ask these communities if they stack fees when a proposal requires several different approvals, 3) Show, using a recently approved development, how the fees would be applied, and 4) Prepare a flow chart of how the fees would be applied to prospective requests for development approval.

No action taken. Commissioners laid the item over until more information could be gathered.

VII. ADJOURNMENT

It was moved by Commissioner Raffensperger and seconded by Commissioner Bellehumeur to adjourn at 10:27 P.M. The motion carried unanimously.

 

_______________________________

Russell Van Gompel, Village Manager