BROWN DEER PLAN
COMMISSION
JULY 12, 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, and Jeff Baker; Commissioners:
Excused: Commissioners
Also Present: Russell Van
Gompel, Village Manager;
II. PERSONS DESIRING TO BE HEARD
Karen Krolikowski,
President Jaberg asked the Plan Commission if they
were willing to allow input at that time.
The Plan Commission agreed to allow comments at that time.
III. CONSIDERATION OF MINUTES: June 14, 2004 - Regular Meeting
It was moved
by Commissioner Nees and seconded by Commissioner Bellehumeur to approve
the regular meeting minutes of June 14, 2004.
The motion carried unanimously with Trustee Schilz, and Commissioner
Raffensperger abstaining.
IV.
REPORT OF STAFF/COMMISSION MEMBERS
Mr. Pederson provided an update on the Park Plaza
Court Request for Proposal. Mr. Pederson
stated that the Community Development Authority (CDA) will be meeting on July 14,
2004 to discuss the
Mr. Thyes updated the Plan Commission on the status of
the Salvation Army store’s exterior storage; J.M. Remodeling’s landscaping plan
revision, and the review of Wally Koceja’s conditional use permit review. Mr. Thyes also discussed the progress of
updating the Village’s off-street parking ordinance.
Mr. Van Gompel briefly discussed the impending changes
to the TIF laws and explained the need for the closed session discussions at
the CDA meeting.
V. UNFINISHED BUSINESS
A) Discuss the
Mr. Thyes asked if there were any comments from the
Commissioners, and discussed the land use charts for the new members.
Mr. Pederson updated the Plan Commission on the
overall recodification and stated that Staff has met with the Attorney from
Municipal Code to discuss the legal issues.
No action was
taken.
B) Discuss the progress for developing a solution to the matter of
allowing exterior storage of merchandise, and supplies on commercial
properties.
Mr. Thyes gave a brief
presentation of the situation. Mr. Thyes
went on to discuss the most recent proposal that was submitted by the applicant
for consideration and the recommendations that Staff is suggesting.
Attorney Bruce McIllnay gave
a presentation that compared the applicant’s proposed standards, for allowing “exterior
bulk sales” as a conditional use within the B3 Commercial Zoning district, to
those standards that Staff had recommended.
Attorney McIllnay also stated that the wheel barrows and decorative
barrels have been removed from the front of the store and that the issues with
the soda vending machines and the propane tank exchange cabinet are being
looked into and will be resolved.
Commissioner Raffensperger
asked how many products are stacked on pallets over four (4) feet high. Carmen Sterling stated that about three (3)
products are stacked over four (4) feet high.
Commissioner Nees asked
Staff the reasoning behind recommending a height limit of three (3) feet. Mr. Thyes stated that the stacks of products
would be concealed by cars that are parked in front of the store, and that the
three (3) foot height limit would have less affect on the aesthetics of the
site as compared to the six (6) foot limit proposed by Attorney McIllnay.
Commissioner Raffensperger
stated that the proposed 3% floor area figure for determining the amount of
exterior storage that would be allowed is too high and would allow too much,
and that Staff’s recommendation of using 1% or 2% of the floor area for the
calculations along with a four (4) foot height limit would be favorable.
Commissioner Bellehumeur
asked how any extra material/storage would be accommodated. Attorney McIllnay stated that Jeff and Carmen
Sterling are interested in constructing additional storage space and that a
proposal would be brought forward in the near future.
Commissioner Raffensperger
stated that the Plan Commission is actually considering the separate issues of
exterior storage and merchandise display.
Mr. Pederson stated that merchandise display could be handled or defined
in many different ways.
Attorney McIllnay briefly
discussed the importance of the display and merchandising of products along the
front of the building.
Trustee Schilz noted that
Staff’s recommendation is truly a compromise from not allowing exterior storage
at all and that any products left out overnight are considered exterior
storage. Trustee Schilz voiced concerns
about using a percentage of floor area to determine the amount the amount of
storage allowed, but went on to say that Staff’s proposal is as far as the
Village should allow with consideration to the four (4) foot pallet height
allowance.
Attorney McIllnay discussed
other details of the proposal stating that only products weighing over 25
pounds would be allowed under this proposal and that the proposal for “exterior
bulk sales” would be for the B3 Commercial district only.
Commissioner Nees discussed
his approval of using floor area percentage in calculating the amount of
exterior storage to be allowed.
Trustee Schilz voiced
concerns over the possibility of pallets of product extending past the end of
the building. Mr. Thyes stated that
staff has addressed that issue with their recommendation, and would not allow
products to extend past the end of the building, and that in the case of
Sterling True Value the pallets could not be stacked in front of the fenced
area at the north end of the building.
Commissioner Bellehumeur
inquired about using linear feet as a limiting factor for exterior storage.
President Jaberg further
discussed the details of Staff’s recommendation and asked the applicants if
they had considered creating a loading zone for the customers to pick up their
purchases. Attorney McIllnay stated that
they would discuss the idea and that they would work with Staff.
President Jaberg stated that
the proposed text amendment should list “bulk storage” and not “bulk sales” as
originally proposed and directed staff to prepare comparisons of allowing “bulk
storage” at other businesses within the Village. President Jaberg also voiced concerns over
cleaning under and around the display area as well as the safety of propane
storage in front of the store.
Commissioner Raffensperger stated
that a four (4) foot height limitation, instead of the originally proposed
three (3) foot limit, should be considered.
The Plan Commission directed
Staff to work with the
VI. NEW BUSINESS
A) Review and recommend the Certified Survey Map for
Mr. Thyes gave a brief
presentation about the proposal.
It was moved
by Commissioner Raffensperger and seconded by Commissioner Bellehumeur to
approve and recommend the Certified Survey Map for
B) Review and
recommend the Development Agreement for
Mr. Thyes presented a brief summary of the project
proposal.
Attorney
Debbie Tomczyk and Jason Pyne of Christopher Kidd architectural firm updated
the Plan Commission on the proposal and stated that they are willing to
accommodate Staff’s recommendations.
President
Jaberg inquired about the storm water management plans. Mr. Pyne discussed the storm water detention
basin and how the basin would be oriented to discharge into the storm sewer on
President Jaberg inquired
about the amount of parking and how it would change with the revisions to the
landscaping. Mr. Pyne stated that
islands were added to break up the parking lot and the landscaping around the
storm water retention pond was expanded, but there would still be enough spaces
to meet the requirements of the zoning code.
Mr. Van Gompel asked how
much of a buffer would be along the north end of the property. Mr. Pyne stated that there would be
approximately 80 feet of green space along the north lot line.
Trustee Schilz asked for a
statement from Larry Neitzel about the driveway spacing requirements.
President Jaberg discussed
some corrections and additions to the development agreement, and stated her
concern over auto sales taking place on other parcels within the business
park. Mr. Van Gompel stated that each
parcel is subject to its own development agreement, and that an individual’s
agreement would have to be amended to allow sales on their particular property.
Trustee Schilz inquired
about possible light pollution onto adjacent parcels. Mr. Pyne stated that there would be minimal,
if any, light carrying over to neighboring lots.
It was moved
by Commissioner Raffensperger and seconded by Commissioner Bellehumeur to
approve and recommend the Amendment to the 1977 Development Agreement for the
It was moved
by Commissioner Raffensperger and seconded by Commissioner Nees to
approve and recommend the Supplemental Development Agreement with Audi of Brown
Deer to the Village Board for final review.
The motion carried unanimously.
C) Review and recommend the Development Agreement for
Mr. Thyes reviewed
the proposal for the Plan Commission.
Greg Pardo, of Jacob Dean
Enterprises, LLC, gave a presentation about the proposed restaurant and showed
examples of how the building would be changed.
Mr. Pardo also stated that the existing sign structure would be
preserved, with only the business name being changed. Dean Gardner, of Jacob Dean Enterprises LLC,
added to the comments about the restaurant business proposal
Commissioner Raffensperger
asked if the remodeling would be completed prior to the restaurant
opening. Mr. Pardo stated that it would
be completed.
Commissioner Stone voiced
concerns over the size of the waiting room area, and the possible overflow of
people outside. Mr. Pardo stated that
there will be benches along the east side of the building.
Commissioner Stone asked if
the waiting crowd could be contained within the building. Mr. Pardo stated that the 7’ x 7’ waiting
area should be sufficient because the goal of the business is to remain small
and personable.
Commissioner Raffensperger
asked if liquor sales were necessary for the restaurant. Mr. Pardo responded by saying that he does
not want liquor sales per say, only a few Mexican drinks with the meals, and
not the preparation of specialty drinks.
President Jaberg invited
comment from the citizens that requested to speak on the issue under “Persons
Desiring to be Heard”.
Karen Krolikowski discussed
concerns over people outside of the restaurant, parking overflow, traffic
concerns as well as preserving the feel of the original village area. Mr. Pardo stated that the site should
accommodate customer parking and that the business would be small enough to
personally address any concerns or complaints.
Dean Gardner stated that the Audio Emporium parking lot could also
accommodate overflow parking.
Brad Epstein stated that
people would not be willing to stand and wait, but instead would leave for
another restaurant. Mr. Epstein also
stated that he is in favor of the proposal.
Bill Spransy requested the denial of the liquor
license and spoke against the restaurant proposal as a whole.
Craig Epstein stated that business would be difficult
at that location, however is excited to see a new Mexican restaurant in the
area.
Trustee Schilz asked for clarification of the hours of
operation and the number of employees.
Mr. Gardner asked if it would be possible to open at 6:00 a.m. instead
of the proposed 7:30 a.m., and stated that dinner would be served until 10:00
p.m. and that there would be two (2) full time employees, and two (2) or three
(3) part time employees.
President Jaberg asked if the hours of operation can
be restricted in conjunction with a liquor license being issued. Mr. Van Gompel stated that it is possible to
restrict the hours with the development agreement.
Trustee Schilz stated his concerns about the proposed
name of the restaurant and the image it may portray. Mr. Pardo discussed how the name “Poco Loco”
was created. Mr. Gardner stated that a
name change could be open for discussion.
Trustee Schilz inquired about the history of Mr.
Gardner’s previous restaurant. Mr.
Gardener stated that his restaurant on
Commissioner Nees asked for a clarification of the
10:00 p.m. closing time. Mr. Pardo
stated that food would be served until 10:00 p.m., but no new business after
10:00.
Commissioner Raffensperger stated that service would
be until 10:00.
President Jaberg asked if the previous Conditional Use
Permits for the site would have to be rescinded. Mr. Thyes stated that staff will check with
the Village Attorney.
President Jaberg voiced concerns over the commencement
of interior remodeling prior to a development agreement. Mr. Thyes stated that he and Bob Premo, the
building inspector, had met with the applicants and determined that the
remodeling was minor and therefore the applicants could proceed at their own
risk because the approval of the use was not guaranteed. Mr. Pederson added that the building board
would have to review any exterior changes to the building.
Trustee Schilz asked staff to notify the neighbors to
attend the Village Board meeting.
It was moved
by Commissioner Raffensperger and seconded by Commissioner Nees to
approve and recommend the Development Agreement for a “restaurant with
associated alcoholic beverage sales” at
D) Complete the 6-month review of the amendment to the Conditional Use
Permit issued to Hospitality Child Care on January 5, 2004.
Mr. Thyes briefly discussed the status of the
situation and reviewed the initial amendment request. Mr. Thyes asked the Plan Commission to extend
the review of the extended hours for another 6 months.
Mr. Van Gompel suggested that the review period be
limited to 3 months due to the redevelopment efforts for the
Trustee Baker asked if the extended hours would be
carried over through the relocation of the day care center, if the
Mr. Thyes stated that the Village Attorney has recommended
that the permit not be recorded until after the Village Board grants the final
approval to make the permit continuous, thus leaving the option to revoke the
permit open.
It was moved
by Commissioner Bellehumeur and seconded by Commissioner Raffensperger to
extend the Conditional Use Permit’s review period for an additional three (3)
months. The motion carried
unanimously.
VII. ADJOURNMENT
It was moved
by Commissioner Raffensperger and seconded by Commissioner Bellehumeur to
adjourn at 9:58 P.M. The motion
carried unanimously.
_____________________________________________
Andrew K.
Pederson,