BROWN DEER PLANNING COMMISSION

OCTOBER 13, 2003 MEETING MINUTES

 

HELD AT THE BROWN DEER VILLAGE HALL

4800 WEST GREEN BROOK DRIVE

                                                                                                                                                           

The meeting was called to order by Village President Jaberg at 7:30 P.M.

 

I.          ROLL CALL

 

Present:             Village President Margaret Jaberg; Trustee Yvonne Nealy; Commissioners Susan Bellehumeur, John Raffensperger, Gunnar Prawitz, Jim McGuigan, Alan Nees

 

Excused:           Trustee Tim Schilz, Commissioner Frances Ashley-Jordan

 

Also Present:      Andy Pederson, Assistant Village Manager/Community Services Director; Jesse Thyes, Planning/Zoning Specialist

 

II.        PERSONS DESIRING TO BE HEARD

           

Kathleen Schilz, 6543 West Floral Lane, stated her support for the proposed Retail Fabric Shop at 8669 North Deerwood Drive that is scheduled for review by the Planning Commission.

 

III.       CONSIDERATION OF MINUTES:        September 8, 2003 - Regular Meeting

 

It was moved by Commissioner Bellehumeur and seconded by Commissioner Raffensperger to approve the regular meeting minutes of September 8, 2003.  The motion carried unanimously.

 

IV.              REPORT OF STAFF/COMMISSION MEMBERS

 

Mr. Pederson discussed the Brown Deer Commerce Center redevelopment project and the retention of Alan Marcuvitz (an attorney), Ann Davis (an appraiser), and Howard Allen (a relocation specialist) to assist with the process.  Mr. Pederson also stated that the Community Development Authority is in the process of scheduling a joint meeting with the Planning Commission.  Additionally, Mr. Pederson gave updates on the status of the TID #2 street lighting project, and the Schroeder Drive traffic signal project. Mr. Pederson also reported on the closing of Drug Emporium and that Village Staff was looking into the removal of the temporary banner on the store-front.  Mr. Pederson concluded by stating that the Village is exploring options to bring another drug store into the community.

 

Mr. Thyes reported on the progress of JM Remodeling’s work on bringing their building into compliance in order to complete the review of their Conditional Use Permit.  Mr. Thyes stated that the property owner has been working with Bob Premo, the Village’s building inspector to remedy the situation.  Mr. Thyes and Mr. Premo spoke with Wally Koceja of Badger Fuels, and Mr. Koceja presented a preliminary idea for a quick lube facility and gas station at 4730 W. Bradley Road.  Mr. Koceja also intends on pursuing the carwash, convenience store, and gas station proposal at 4685 W. Bradley Road.  Mr. Thyes stated that a letter was sent to Family Dollar Store, Tuesday Morning Incorporated, and the property owner of the Brown Deer Center in an attempt to address the issue of the exterior storage of shopping carts.  The letter was accompanied by a copy of the Development Agreement that is applicable to this site.  Mr. Thyes also stated that he met with Mary Buckley from the Brown Deer Herald to provide information for an article that will highlight the Village’s proactive approach to property maintenance.

 


V.         UNFINISHED BUSINESS

 

A)                 Review the request to withdraw the Conditional Use Permit application for a Children’s Day Care Center, at 7820 N. Teutonia Avenue, requested by Chantell Lockett

 

Mr. Thyes stated that the applicant (Chantell Lockett) has decided to withdraw her Conditional Use Permit application and that no action was needed from the Planning Commission.

 

B)                 Review and recommend the Planned Development Agreement entered into with Tony and Julie Reno (Kurt Schulz Deli) for Outdoor Restaurant Seating at 8752 North Deerwood Drive

 

Mr. Thyes stated that the red and white umbrellas have been taken down and the owners intend on replacing them with neutral colored umbrellas next spring.

 

It was moved by Commissioner Bellehumeur and seconded by Commissioner McGuigan to recommend the Development Agreement to the Village Board for final review and approval. The motion carried unanimously.

 

VI.       NEW BUSINESS

 

A)                 Recommend Approval of a proposed development plan for a Retail Fabric Shop within the Original Village Planned Development zoning district at 8669 N. Deerwood Drive, requested by Michael and Linda Benson.

 

Mr. Thyes summarized the proposal as well as the existing violation of the American Disabilities Act Accessibility Guidelines (ADAAG) to the Planning Commission.  Mr. Thyes stated that the exterior stairwell along the south side of the building does not comply with the ADAAG and has been in violation since 1997.  Mr. Thyes stated that Village staff would like the building brought into compliance prior to any business being established on the site.  Mr. Thyes also stated that a building permit has been issued for the construction that would bring the stairway into compliance. 

 

The applicants, Michael and Linda Benson, addressed the Planning Commission to explain the need for approval so that they may order items for the business which would allow them to open by January, 2004.  Mr. and Mrs. Benson also stated that their offer to purchase the property is contingent upon the building being brought into compliance.  Commissioner McGuigan stated that he differed with Staff’s recommendation to lay the matter over until the building is brought into compliance since the Benson’s offer to purchase already included a compliance requirement.  Commissioner McGuigan also stated that this is a great proposal for the Original Village.  President Jaberg concurred by stating the proposed business would provide destination shopping comparable to the other businesses within the Original Village.

 

It was moved by Commissioner McGuigan and seconded by Commissioner Bellehumeur to recommend concept approval of the development plan for a proposed Retail Fabric Store at 8669 N. Deerwood Drive to the Village Board.  The motion carried unanimously.

 

B)         Review and recommend the Conditional Use Permit issued to the YMCA of Metro Milwaukee, Schroeder Branch for a Wood Gazebo for nature study at 9250 N. Green Bay Road.

 

Mr. Thyes stated that the gazebo was constructed in accordance with the permit and that the site has been kept free of litter and debris.

 

It was moved by Commissioner Nees and seconded by Commissioner Raffensperger to recommend the Conditional Use Permit for a Wood Gazebo for nature study at 9250 N. Green Bay Road to the Village Board for final review and approval. The motion carried unanimously.

 

C)        Review and recommend an amendment to the Conditional Use Permit to allow extension of the hours of operation for Hospitality Child Care, Inc. within the Bradley Village Commerce Center, at 4323 West Bradley Road. 

 

Mr. Thyes stated that the day care center is in compliance with the conditions of the existing Conditional Use Permit.  Mr. Thyes also stated that the owner of the Day Care Center contacted his office requesting an extension of the hours of operation to 11:30 p.m. to accommodate parents working second shift.  Village Staff and the Police Department raised concerns regarding safety and Zoning Code compliance.  Mr. Thyes pointed out that the proposed 11:30 p.m. closing time does not comply with the Village Code that limits businesses, with exceptions, to 11:00 p.m. 

 

The business owners, Kenyatta and Sylvia Johnson, addressed the Planning Commission and stated that security would not be an issue since the doors would be locked and windows could be covered.  Additionally there would be a male staff member to provide security assistance.  Sylvia Johnson also stated that they have received many requests from parents.  President Jaberg reiterated that the proposed 11:30 p.m. closing time does not comply with the Zoning Code, but asked the owners if an 11:00 p.m. would meet their needs.  The owners stated that they would be willing to transport the children home which would allow the Day Care Center to be closed by 11:00 p.m. 

 

Commissioner Raffensperger stated that there are potential safety concerns in everything.  Commissioner Raffensperger raised a concern regarding the window covering not allowing a police officer to see inside the establishment.  The owners stated that they would be open to any acceptable window covering option.  Commissioner Bellehumeur raised concerns regarding the approval of later business hours at this site not being compatible if the business were relocated to a different site.  Mr. Pederson stated that issue would be addressed through the relocation process, if necessary.  The Planning Commission directed Staff to contact the Police Department to provide opinions about window coverings, transport of children to their homes, and the 11:00 p.m. closing time.  Commissioner McGuigan stated that this proposal would show that the Village of Brown Deer is a business and family friendly community.

 

It was moved by Commissioner McGuigan and seconded by Commissioner Bellehumeur to recommend the amended Conditional Use Permit with the change to the hours of operation for Hospitality Child Care Incorporated at 4323 W. Bradley Road.  The motion carried unanimously.

 

VII.      ADJOURNMENT

 

It was moved by Commissioner Raffensperger and seconded by Commissioner Bellehumeur to adjourn at 8:30 P.M.  The motion carried unanimously.

 

 

 

                                                                             _____________________________________________

                                                                                      Jesse Thyes, Planning and Zoning Specialist