PLAN COMMISSION MEETING Monday, July 13, …...2020/07/13 · PLAN COMMISSION MEETING Monday, July 13, 2020 Conference Call Toll Free 1-877-309-2073 code 411-233-861 6:30 P.M. PLEASE

PLAN COMMISSION MEETING Monday, July 13, 2020

Conference Call Toll Free

1-877-309-2073 code 411-233-861

6:30 P.M.

PLEASE TAKE NOTICE that a meeting of the Brown Deer Village Board will be held by phone due to

the COVID-19 pandemic. The public can access this meeting of the Village Board by dialing 1-877-309-2073.

The public would then need to enter the code: 411-233-861 to join the meeting. Please remember to mute your

telephones if you plan on being on this phone call. The following items of business will be discussed and possibly

acted upon:

I. Roll Call

II. Persons Desiring to be Heard: Please submit your full name, address, and your comment by 4:30pm

July 13, 2020 to [email protected]

III. Consideration of Minutes: May 11, 2020 – Regular Meeting

IV. Report of Staff/Commission Members

V. Unfinished Business

VI. Business Items

A) Second Review and Recommendation of a Conditional Use Permit/Front Yard Fence with YB

7649 N Teutonia LLC for a warehousing operation at 7649 N. Teutonia Avenue

B) Public Hearing, Review and Recommendation of a Conditional Use Permit for Infinite

Gymnastics, for a day care at 8989 N. 55th Street

C) Review and Recommendation for a zoning code text amendment to the M- Manufacturing

District to include “day care center” as a conditional use.

VII. Adjournment

_______________________________

Jill Kenda-Lubetski, Village Clerk

July 6, 2020

PERSONS REQUIRING SPECIAL ACCOMMODATIONS FOR ATTENDANCE AT THE

MEETING SHOULD CONTACT THE VILLAGE CLERK AT LEAST ONE BUSINESS DAY PRIOR

TO THE MEETING.

BROWN DEER PLAN COMMISSION

MAY 11, 2020 MEETING MINUTES

HELD VIRTUALLY AT 1-877-309-2073 code 411-233-861

The meeting was called to order by President Montgomery at 6:31 P.M.

I. ROLL CALL

Present: President Wanda Montgomery; Trustees Jeff Baker, Renee Booker; Commissioners: Ryan Schmitz,

Bill Hoffmann, Darryl Johnson, Amos Owens, Al Walters

Also Present: Michael Hall, Village Manager; Rebecca Boyle, Village Attorney; Nate Piotrowski, Community

Development Director

Excused: Michael Emem

II. PERSONS DESIRING TO BE HEARD

None

III. CONSIDERATION OF MINUTES: April 13, 2020 – Regular Meeting

It was moved by Commissioner Schmitz and seconded by Commissioner Walters to approve the meeting minutes of

April 13, 2020. The motion carried unanimously.

IV. REPORT OF STAFF/COMMISSION MEMBERS

None

V. UNFINISHED BUSINESS

None

VI. NEW BUSINESS

A) Public Hearing, Review and Recommendation of a Conditional Use Permit with YB 7649 N

Teutonia LLC for a warehousing operation at 7649 N. Teutonia Avenue

President Montgomery opened the public hearing at 6:37 pm. There was no public comment. President Montgomery

closed the public hearing at 6:38 pm.

Mr. Piotrowski reviewed the proposal and introduced Dave Strachota, representing the owner.

Commissioner Owens asked if there were any plans to modify the building or expand operations in the future. Mr.

Strachota replied that there were none.

Commissioner Walters asked if there was going to be outside storage. Mr. Strachota replied that there would not.

Trustee Baker questioned the need for the fence in the front yard if it was not meant to secure storage.

President Montgomery asked if there was going to be a change to the west side fencing. Mr. Strachota replied that

there would be new fencing on the west side and that current fencing belonged to the residential neighbor.

Commissioner Schmitz asked for clarification on the zoning code related to fences in this district. Mr. Piotrowski

explained the location and type of fencing allowed per code and noted that a fence in the front yard requires special

approval from the Commission.

Trustee Baker stated he did not support the front yard fence and added that he felt it was not the most attractive

image for a gateway into the Village.

Plan Commission ___________ ___ May 13, 2020

Page 2

Trustee Baker also asked about the separation of the new fence from the existing neighbor fence on the west side of

the property. Mr. Strachota stated that the two fences would be separated by at least 16’.

It was moved by Trustee Booker and seconded by Commissioner Hoffmann to recommend approval of the

conditional use permit and authorize the front yard fence to the Village Board. The motion carried by a vote of 7-1

with Trustee Baker opposed.

VII. ADJOURNMENT

It was moved by Commissioner Schmitz and seconded by Commissioner Walters to adjourn at 6:58 P.M. The

motion carried unanimously.

_____________________________ Nate Piotrowski, Community Development Director

G:\Committees\PlanCommission\Request for Consideration\2020req\76749fence_7.13.20.doc - 1 -

REQUEST FOR CONSIDERATION

COMMITTEE CONSIDERATION: Plan Commission

ITEM DESCRIPTION: Second Review and Recommendation of a Conditional Use Permit/Front Yard Fence with YB 7649 N Teutonia LLC for a warehousing operation at 7649 N. Teutonia Avenue

PREPARED BY: Nathaniel Piotrowski, Community Development Director

REPORT DATE: July 7, 2020

Applicable Land Use Regulation: Sec.121-194

VILLAGE ATTORNEY REVIEW: X Village Attorney has reviewed documents.

Village Attorney has not reviewed documents.

X Documents provided to Village attorney.

COMPREHENSIVE PLAN REVIEW: X Staff has reviewed request for consistency with the Comprehensive Plan.

ANALYSIS:

The previously approved warehouse facility and front yard fence is returning to the Plan Commission at the direction of the Village Board. The Board agreed to the conditional use permit but did not endorse the language authorizing the front yard fence. The primary concern was the unnecessary nature of the fence and the appearance it gave for those entering the Village. The fence decision and authorization for it to be located in the front yard now rests solely with the Plan Commission. A revised site plan drawing is included that depicts location along of the site fencing. Also included is a proposed landscape plan and renderings of what the fence will look like. The front yard fence is to be 6’ tall in a black wrought iron style with stone pillars on the east side of the site. Please note the landscape plan does not accurately reflect the fence placement on the northeast corner of the site due to a retention basin and also it is not extended south as far as shown on the site plan. The landscape plan will require Beautification Committee approval.

RECOMMENDATON:

Staff has worked with the applicant to reduce the height and add landscape but does not recommend in favor or against the fence. Please feel free to contact Nate Piotrowski at (414) 371-3061, if you have any questions.

G:\Committees\PlanCommission\Request for Consideration\2020req\gymdaycareCUP_7.13.20.doc - 1 -



ITEM DESCRIPTION: Public Hearing, Review and Recommendation of a Conditional Use Permit for Infinite Gymnastics, for a day care at 8989 N. 55th Street








ANALYSIS:

Infinite Gymnastics is seeking to use a second floor event space for a licensed day care. Included in the packet is a floor plan, statement of operation and site plan which shows the addition of a playground area in the rear of the building. The new playground area uses a location that previously was for loading docks but is currently unused and will not reduce parking counts. Currently a day care is not permitted in the M-Manufacturing District but staff is proposing to amend the Village Code to make this use conditional. Such a change therefore necessitates the conditional use permit which is attached and is very similar to other permits recently issued to day cares. The change in the zoning code also mirrors how day cares are treated in the Village’s commercial districts.

RECOMMENDATON:

Staff believes the day care use is compatible to the gymnastics facility. While day cares may not be ideal broadly speaking in Manufacturing districts a selective conditional use process makes sense and in this instance we think the use is acceptable. Please feel free to contact Nate Piotrowski at (414) 371-3061, if you have any questions.

8989 N. 55th St. Brown Deer, WI 53223 [email protected]

414-371-9520

To Whom It May Concern:

Infinite Gymnastics, located at 8989 N. 55th St. in Brown Deer, Wisconsin, (tax key: 0290115000) is essentially trying to turn its unused room upstairs that was originally designed to be a dance studio/host birthday parties into a licensed child care center that will be called Infinite Gymnastics’ Leap-N-Learn Academy. The area that our building is located in is currently zoned for manufacturing, but allowing us to add this child care center to our pre-existing business would do wonderful things for the community and Village of Brown Deer, especially now when there is such a high demand for child care. Hours of operation at the child care center will be from 8:00 am to 4:00 pm. There will be two staff-members working in the center; one will be the center director, and the other will be a child care provider. Both will work to tend to the needs of the children. The maximum number of students in the center will be twenty students, ages three through five who are attending. Children may come for either a half day in the morning or a half day in the afternoon, but they may also come for a full day as well. More than likely, there will not be all of the students attending together at the same time. Infinite’s parking lot will be used for the parents to drop off their children and to pick them up again. The parents and children will enter the building through the front door and will take a right turn to head upstairs where the center will be located. There are two entrances/exits for the center and two stairwells as well on both sides of the upstairs. Only one stairwell will be used by the families during drop-off and pick-up, but the other one is available in case of emergencies. In the child care center, only one door will be used for entrancing and exiting, but the other door may be used in case of emergencies. The center is also equipped with a sink for sanitizing and snack-prep, a refrigerator that will hold perishable snacks that the center will provide and medications that the parents will provide, and a storage area that will hold craft activities and other activities that will not be used during that week. Trash will be removed at the end of each night or more frequently if needed, and will be taken to the facility’s dumpster that is located behind the building and is emptied by Advanced Disposal on a weekly basis. Thank you so much for your consideration on this project! Sincerely, Maia Puleo Owner

This document drafted by the VILLAGE OF BROWN DEER

Page 1

CONDITIONAL USE PERMIT

8989 N. 55th Street Day Care

Before the Village Board of the Village of Brown Deer, in regard to Premises at 8989 N. 55th Street located in the SW 1/4 of Section 2, Township 8 North, Range 21 East, in the Village of Brown Deer, Milwaukee County, further described in attached Exhibit “A". WHEREAS, the Village Code and Zoning District Map of the Village of Brown Deer, pursuant to State Statutes, provide that the premises may not be used of right for the purpose hereinafter described but that upon petition such use may be approved as a Conditional Use in particular circumstances as defined by the zoning standards in the Village Code; and WHEREAS, a Petition has been made by Maia Puleo of Infinite Gynastics and public hearing held thereon, and the Village Board of the Village of Brown Deer having determined that by reason of the particular nature, character, and circumstances of the proposed use, the proposed use with the terms and conditions hereinafter prescribed would be consistent with the requirements of the Village Code.

NOW, THEREFORE, this Conditional Use Permit is granted authorizing that the property be used for the purpose of a Day Care subject to compliance with the terms and conditions hereinafter stated in this Conditional Use Permit (hereinafter the “Permit”) and as depicted on Exhibit “B"


Page 2

THE CONDITIONS of this Permit are: 1. This Permit is granted to Maia Puleo, upon the representation that he is the owner of the Premises and shall

become effective upon the execution of the acceptance hereof by Maia Puleo as owner of the Premises and upon recording shall constitute a covenant running with the land. The Permit may not be assigned until after it has become effective. No assignment of this Permit shall be effective until the assignee delivers written notice of the assignment to the Village Board, duly undertakes in writing to comply fully with the provisions of this Permit, satisfies any monetary security requirements of this Permit and cures any violations of this Permit. This Permit shall not be assignable to any person or entity that is not a tenant of the Premises.

2. The Permit shall be void unless, pursuant to the Village Code, the approved use commenced or the building

permit is obtained within 12 months of the date of the Village Board approval noted above. Construction shall be completed within 12 months of the date the building permit is issued.

3. This Permit is subject to amendment and termination in accordance with the provisions of the Village Code of the

Village of Brown Deer. 4. Operation of the use permitted shall be in strict conformity to the conditions set forth herein. 5. Conditions on the operation.

a. Type of operation permitted: Day Care. The use of the Premises as a day care establishment shall be in substantial compliance consistent with the plans set forth and submitted to the Village of Brown Deer in support of its request for this Permit. No use of the areas of the premises not identified in the application for the proposed use may be used without approval by the Village pursuant to its Village Code.

b. Hours during which operations are permitted: 5:00 a.m. – 10 p.m. Monday – Friday

c. Performance standards relating to noise, vibration, odor, smoke, dust, etc., other than applicable Village Ordinances: Per the Village Code.

d. Duration of Conditional Use: For an initial period of one year. To be reviewed one year from the date of approval. If there are no documented complaints about the permitted use, or if documented complaints have been resolved to the satisfaction of the Village Board, the Permit, upon petition of the tenant and upon recommendation of the Plan Commission and approval of the Village Board, may be continuous pursuant to Section 121 of the Village Code of Brown Deer.

6. Conditions of the Building other than in accordance with the approved building plans.

(1) Structural improvements and any new signage shall be reviewed and approved by the Village of Brown Deer Building Board.

(2) All interior modifications shall be subject to conditions of the Wisconsin Commercial Building Code and in compliance with fire protection requirements of the North Shore Fire Department.



Parcel Identification Number (PIN)

029-0115

Document Title


Page 3

7. Conditions on the Site other than in accordance with the approved site plan.

a. Outside storage of Materials, Products or Refuse (location and screening thereof):

(1) Outside storage of toys merchandise, equipment, signage, or inventory, is strictly prohibited on

this site.

(2) The Owner shall provide private trash removal.

(3) The property shall be kept free and clear of litter and debris.

(4) The dumpster shall be covered and kept within a fenced enclosure. Said enclosure shall be constructed of noncombustible materials and maintained in a state of good maintenance and repair as determined by the Village.

b. Finished topography and building grades, retaining walls, storm water run-off:

(1) Per the Village of Brown Deer Storm Water Management Ordinance and existing stormwater management plan.

c. Sign location, size, design:

(1) Any new signage or change in existing signage shall be reviewed and approved by the Village Building Board and shall be in conformance with Chapter 121 of the Village Zoning Code.

d. Exterior lighting of the site, location, design and power:

(1) Exterior lighting shall be sufficient to meet the business and safety needs of the site.

e. Parking:

(1) Vehicles requiring repairs or exhibiting signs of visible disrepair shall not be stored at this property for a period of time exceeding 6 hours.

(2) The parking lot shall not be used by rental agencies or any other company for parking of rental trailers, trucks, automobiles, or other vehicles.

(3) The business shall have no more than 3 company vehicles, including school buses and other delivery trucks parked on site overnight.




029-0115

Document Title


Page 4

f. Other:

(1) All structures on the site shall meet the requirements of the Village of Brown Deer Fire Prevention Code.

(2) Any hazardous conditions or deficiencies identified by the Village shall be corrected by the owner to the satisfaction of the Village within 30 days of written notification.

(3) All landscaping on the premises shall be maintained in a state of good maintenance and repair as determined by the Village. Landscaping for this purpose shall mean bushes, shrubbery, trees, grass and other items or appurtenances necessary to maintain a pleasing and attractive appearance. Dead trees, bushes and shrubbery shall be immediately replaced in accordance with the landscaping plan approved by the Village Beautification Committee.




029-0115

Document Title


Page 5

GRANTED, by action of the Village Board of the Village of Brown Deer this 20th day of July, 2020. ________________________________ ______________________________________ Jill Kenda-Lubetski, Village Clerk Wanda Montgomery, Village President STATE OF WISCONSIN) ) ss MILWAUKEE COUNTY ) Personally came before me this _______day of _______________, 2020, the above-named Wanda Montgomery, Village President and Jill Kenda-Lubetski, Village Clerk to me known to be the persons who executed the foregoing instrument and acknowledge the same. _______________________________________(Notary Signature) ________________________________(Print name of Notary) Notary Public, State of _____________________ SEAL My commission: __________________________

CONDITIONAL USE PERMIT ACCEPTANCE: This Conditional Use Permit is hereby accepted this ____________ day of ________________, 2020. _____________________________________ ( ) [Title] STATE OF WISCONSIN) ) SS MILWAUKEE COUNTY)

This Conditional Permitted Use Permit Acceptance was acknowledged before me this ______________ day of ____________, 2020, by ___________________________________[name] as ________________________[title] of _____________________________. . _______________________________________(Notary Signature) ________________________________(Print name of Notary) Notary Public, State of ______________________ SEAL My commission expires: _____________________ Original filed in the Community Services Department of the Village of Brown Deer


Page 6

Exhibit A

Legal Description

Exhibits B - Site Plan

G:\Committees\PlanCommission\Request for Consideration\2020req\dayMdistrictrezone_7.13.20.doc - 1 -



ITEM DESCRIPTION: Review and Recommendation for a zoning code text amendment to the M- Manufacturing District to include “day care center” as a conditional use.








ANALYSIS:

Attached is a resolution to add “day care center” as a conditional use to the M. Manufacturing District. This change is coming forward as a result of the request from Infinite Gymnastics on N. 55th Street to add a day care.

RECOMMENDATON:

Staff feels that day care use may be compatible in the Manufacturing districts in certain situations and therefore think it makes sense to make the use a selective conditional one much like commercial districts in Brown Deer. Please feel free to contact Nate Piotrowski at (414) 371-3061, if you have any questions.

STATE OF WISCONSIN MILWAUKEE COUNTY VILLAGE OF BROWN DEER

An Ordinance to Amend Section 121-220 to allow

day care center as a conditionally permitted use in

the M-Manufacturing zoning district

Ordinance No. 20 - ____

WHEREAS, the Village Plan Commission held a public hearing on the proposed Ordinance on July 13, 2020 and

reviewed this Ordinance and has recommended it for approval by the Village Board; and

NOW, THEREFORE, the Village Board of the Village of Brown Deer does ordain as follows:

SECTION I.

That Section 121-220, is hereby amended to include:

Day Care Center

As a conditional permitted use in the M- Manufacturing zoning district.

SECTION III.

That all ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby to such extent

repealed.

SECTION IV.

That in the event that it is determined by a court of competent jurisdiction that any clause, sentence, paragraph,

section or part, of this Ordinance is invalid or unconstitutional that shall not affect the validity of the remaining parts

to this Ordinance.

SECTION V.

This Ordinance shall be in full force and effective after its passage and publication according to law.

PASSED AND ADOPTED by the Village Board of the Village of Brown Deer this ____th day of July, 2020.

________________________________

Wanda Montgomery, Village President

_________________________________

Jill Kenda-Lubetski, Village Clerk