BROWN DEER PLAN
COMMISSION
AUGUST 9, 2004 MEETING MINUTES
HELD AT THE
BROWN DEER VILLAGE HALL
The meeting was called to order by Village President
Jaberg at 7:30 P.M.
I. ROLL
CALL
Present: Village
President Margaret Jaberg; Trustees Tim Schilz, Jeff Baker; Commissioners:
Excused: Commissioners
Also Present:
II. PERSONS DESIRING TO BE HEARD
None.
III. CONSIDERATION OF MINUTES: July 12, 2004 - Regular Meeting
It was moved
by Commissioner Raffensperger and seconded by Trustee Schilz to approve the
regular meeting minutes of July 12, 2004.
The motion carried unanimously, with Commissioner Williams
abstaining.
IV.
REPORT OF STAFF/COMMISSION MEMBERS
Mr. Pederson provided a brief update on the Bradley
Road Request for Proposal. Mr. Pederson stated
that the Community Development Authority (CDA) has started to discuss the
Mr. Van Gompel introduced
President Jaberg updated the Plan Commission on their
previous recommendations being approved by the Village Board.
V. UNFINISHED BUSINESS
A) Discuss the
Mr. Thyes asked if there were any comments from the
Commissioners, and stated that nothing new was prepared due to the numerous
agenda items.
No action was
taken.
VI. NEW BUSINESS
A)
Discontinuance of a portion
of Public Right of Way that lies north of W. Brown Deer Road in the Southwest
¼, of Section 2, T. 8 N., R. 21 E. in the Village of Brown Deer, Milwaukee
County, Wisconsin.
Mr. Thyes gave a brief
presentation about the proposal.
Attorney Dineen asked if the
right of way (ROW) in question was only taken from the adjacent property to the
east. Mr. Thyes stated that the legal
description for the property shows that the right of way would have been a part
of the parcel to the east.
Commissioner Raffensperger
asked if the ROW to be discontinued is shown on the official village map. Mr. Thyes stated that the ROW is presently
included on the map.
The applicant, David Barry
from the James T. Barry Company, briefly discussed the reasoning for the
request to vacate the ROW, and stated that the adjacent property owner is in
favor of adding the ROW area to his existing property in the event of the Barry
Company not purchasing the property.
Trustee Schilz inquired
about the effect the discontinuance would have on the adjacent property’s taxes. Attorney Dineen discussed how the taxes would
be affected.
It was moved
by Commissioner Raffensperger and seconded by Commissioner Nees to
recommend the Public Right of Way Vacation and Discontinuance Resolution, with
the recommended corrections and subject to review by the Village Attorney, to
the Village Board. The motion carried
unanimously.
It was moved
by Commissioner Raffensperger and seconded by Commissioner Nees to
recommend the Ordinance to Amend the
B)
Conditional Use Permit
application to allow a Motor Vehicle Sales Establishment at
Mr. Thyes presented a brief summary of the project
proposal.
Lynn Bichler and Karl Wuesthoff, applicants, gave a
brief presentation summarizing the changes to the proposal from the previous
conceptual presentation. The changes
include the relocation of the service area to the east aside of the building,
the revision of the type façade on the southwest corner of the building, and a
finalized sign design.
Mr. Wuesthoff discussed his concerns with two of the
conditions listed on the Conditional Use Permit (CUP). Amongst the concerns raised were the one-week
timeframe for the storage of vehicles in need of maintenance, and the
prohibition of the operation of a rental business on the site. Mr. Wuesthoff also clarified the carwash
operation that is to be a part of the business, in that it is for use by the
business only.
Ms. Bichler discussed the façade treatments and the
type of materials that are to be used.
Mr. Thyes added that they are subject to review and approval by the
Building Board.
Mr. Wuesthoff stated that the existing soccer field to
the north of the building will stay intact for the time being and that an
arrangement can be made with the local soccer club for its use.
President Jaberg asked if there were any proposals for
the use of the vacant portion of the building.
Mr. Wuesthoff replied that he is working with a broker to explore
options for that space.
Commissioner Raffensperger asked if the CUP addressed
the North Shore Fire Department’s fire safety code. Attorney Dineen clarified that the North
Shore Fire Department does not have their own code; however the
Commissioner Raffensperger asked if a requirement of
notifying the Village of long-term parking of vehicles in need of maintenance
would be a good idea. Attorney Dineen
questioned the enforceability of such a provision.
Mr. Van Gompel asked for clarification of the lay out
and utilization of the parking areas.
Ms. Bichler discussed the parking arrangements and the use of pervious
pavement.
Commissioner Raffensperger inquired about the rental
of cars from the site. Attorney Dineen
stated that a third party rental firm would not be considered an accessory use
of the motor vehicle sales establishment.
Mr. Wuesthoff stated that rentals would be for their
customers only. Attorney Dineen stated
that sort of rental business would be accessory to the motor vehicle sales establishment. Mr. Van Gompel recommended a change to the
draft CUP that would allow rentals as an accessory to the motor vehicle sales
establishment.
Trustee Baker asked for a clarification of rental
versus loaner vehicles. Mr. Wuesthoff
discussed the business’s policies.
Commissioner Nees asked how the business would
accommodate the traffic generated from the use of the soccer field. Mr. Wuesthoff stated that an area of the
northern parking lot could be designated for that traffic.
President Jaberg inquired about the percentage of used
vehicle versus new vehicle sales and also asked if large trucks would be sold
from the site. Mr. Wuesthoff stated that
any used vehicles would be very high quality and also discussed the State of
Attorney Dineen discussed adding a clause to the CUP
that would require reconsideration of the permit if the ownership of the business
would change.
Trustee Baker inquired about using the vacant portion
of the building for inventory storage.
Mr. Wuesthoff stated that it could be an option; however, the business
prefers the display of the inventory.
President Jaberg asked if the landscaping plan has
been reviewed. Mr. Thyes stated that the
Beautification Committee has the landscaping plan scheduled on the next agenda.
President Jaberg asked for a clarification of the
proposed exterior façade. Ms. Bichler
clarified the terminology of the types of façade to be used.
It was moved
by Commissioner Raffensperger and seconded by Trustee Schilz to
recommend the Conditional Use Permit to allow a Motor Vehicle Sales
Establishment at
C)
Conditional Use Permit
application to allow a Convenience Store and Car Wash at
Mr. Thyes presented a brief summary of the project
proposal and stated that these plans are the same as what was previously
approved in 2002 and 2003. Mr. Thyes
stated that those conditional use permits had expired due to lack of action by
the applicant.
President Jaberg voiced concerns with the placement of
the vacuums and the landscaping. Mr.
Thyes noted that the vacuums are to be placed on the west side of the site, and
that the landscaping would have to be reviewed by the Beautification Committee.
President Jaberg recommended citing the Village’s
Storm Water Management Ordinance on the permit.
It was moved
by Commissioner Nees and seconded by Trustee Schilz to recommend the Conditional
Use Permit to allow a Convenience Store and Car Wash at
D)
Conditional Use Permit
application to allow a Convenience Store and Public Garage at
Mr.
Thyes briefly reviewed the proposal for the Plan Commission.
President
Jaberg inquired about the demand for gas on the north side of the street. Wally Koceja stated that there was sufficient
demand and that the sale of gas would improve the public garage portion of the
business.
Trustee
Baker asked if there would be any conflict with the “BP” operation located on
Mr.
Van Gompel inquired about the number of employees per shift. Mr. Koceja stated that there are to be four
employees on site.
President
Jaberg asked about the proposed location for the fuel tanks. Dave Uttech, Keller Structures, stated that
the location will actually be determined by the Wisconsin Department of
Commerce after Village approvals have been obtained. Mr. Koceja added that the new tanks would be
made of fiberglass.
Mr.
Van Gompel asked if the north side of the building is to be landscaped as shown
on the submitted site plan. Mr. Koceja
assured the Plan Commission that whatever portions of the site are not used for
parking or for the placement of the dumpster will be landscaped.
President
Jaberg voiced concerns over the effect this project could have on the
redevelopment area of
Trustee
Schilz stated that this proposal will improve the site.
Mr.
Koceja stated that the service bays will remain the same, and that the retail
area will be remodeled.
Commissioner
Raffensperger voiced concerns over the placement of the dumpster enclosure
being too close to the residence to the north.
President
Jaberg recommended that the issues be addressed, and the proposal be brought back
to the Plan Commission in September.
The Plan
Commission directed Staff to work with the applicant to clarify the concerns
with signage, dumpster location, and landscaping. The item will be placed on the September
meeting agenda. No action was taken.
E)
Text amendment to the Zoning
Code to allow “Bulk Retail Sales” as a Conditionally Permitted Use within the
(B3) Commercial Zoning District, and to repeal and recreate applicable sections
of the Code, requested by Bruce McIllnay, agent for Jeff and Carmen Sterling.
Mr. Thyes presented a brief summary of the proposed
text amendment along with Staff’s recommended changes to the proposal and
changing the term from “bulk retail sales” to “bulk retail storage”.
Attorney McIllnay stated that he was open to Staff’s recommendations;
however, there was concern over limiting the retail floor space percentage in
calculating how much storage would be allowed.
President Jaberg discussed the examples of other sites
in the Village and the amount of bulk retail storage that would be allowed on
each particular site.
Commissioner Raffensperger asked about the size of
pallets used for bulk retail storage.
Mr. Sterling clarified the pallet size versus the size of the products
on the pallet.
President Jaberg voiced concerns over the storage of
combustible materials. Mr. Thyes stated
that the North Shore Fire Department has reviewed the proposal and reviewed
their comments.
Commissioner Nees discussed his experience with
similar display issues in other areas of the country, and stated that this is
not an uncommon request.
Mr. Van Gompel recommended that the retail storage
only be allowed within 60 feet of the main entrance with a maximum amount of
120 linear feet of storage allowed, thus eliminating the use of a floor space
percentage.
President Jaberg voiced concerns over the depth of the
storage area. Commissioner Raffensperger
recommended a maximum depth of four feet to accommodate pallets.
It was moved
by Commissioner Raffensperger and seconded by Trustee Baker to recommend
approval of the Text amendment to the Zoning Code to allow “Bulk Retail
Storage” as a Conditionally Permitted Use within the (B3) Commercial Zoning
District, as amended, and to repeal and recreate applicable sections of the
Code, to the Village Board, subject to the Plan Commission’s recommended
changes to the text amendment, as amended.
The motion carried unanimously.
F)
Conditional Use Permit
application to allow “Bulk Retail Sales” at
Mr. Thyes briefly reviewed the proposal for the Plan
Commission and stated that the applicant would have to comply with the
standards of the revised text amendment proposal.
Trustee Baker asked if the bulk retail storage would
be illuminated. President Jaberg
discussed the condition listed on the draft CUP regarding lighting of the site.
Mr.
Van Gompel stated that the lighting issue can be reviewed in time for the
public hearing.
It was moved
by Commissioner Raffensperger and seconded by Trustee Baker to recommend
approval of the Conditional Use Permit for “Bulk Retail Storage” at 7649 North
Teutonia Avenue to the Village Board, subject to the pending approval of the
proposed Zoning Code text amendment and the Plan Commission’s recommended
changes to the Conditional Use Permit .
The motion carried unanimously.
G)
Rezoning Petition for the properties at 9305 and 9325
N. Green Bay Road from (M) Manufacturing to (BPD) Business Planned Development.
Mr. Pederson briefly discussed the status of the site
and reviewed the rezoning request.
Mr. Van Gompel stated that there are a large number of
permitted uses within the manufacturing zoning district that the Village would
not want on this particular site, and that the rezoning of the property to the
(BPD) zoning district would give the Plan Commission a chance to review any
proposed use of the site.
President Jaberg asked if the rezoning would change
the assessed value of the property. Mr.
Van Gompel stated that it would not, since the value is based on the use and
not the zoning of a site.
It was moved
by Trustee Schilz and seconded by Commissioner Raffensperger to recommend
the rezoning to the Village Board. The motion
carried unanimously.
VII. Recess into Closed Session pursuant §
19.85 (1)(e) Wisconsin Statutes for the following reasons:
(e)
Deliberating or
negotiating the purchase of public properties, the investing of public funds,
or conducting other specified public business, whenever competitive or
bargaining reasons require a closed session.
Prior
to recessing into closed session, Mr. Van Gompel stated that the closed session
is necessary since the Plan Commission is considering sensitive financial
information and possible negotiations.
It was moved by Commissioner Nees
and seconded by Trustee Schilz to recess into closed session at 9:50
p.m. The motion carried unanimously.
VIII. Reconvene into Open Session for Possible
Action on Closed Session Deliberations
It was moved
by Trustee Schilz and seconded by Commissioner Nees to reconvene into
open session at10:24 p.m. The motion
carried unanimously.
IX. ADJOURNMENT
It was moved
by Trustee Schilz and seconded by Commissioner Raffensperger to adjourn
at 10:25 P.M. The motion carried
unanimously.
_____________________________________________
Andrew K.
Pederson,