PLAN COMMISSION MEETING Monday, March 13, 2017 Earl McGovern Board Room, 6:30 P.M.

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1 PLAN COMMISSION MEETING Monday, March 13, 2017 Earl McGovern Board Room, 6:30 P.M. PLEASE TAKE NOTICE that a meeting of the Brown Deer Plan Commission will be held in the Earl McGovern Board Room at the Village Hall of the Village of Brown Deer, 4800 West Green Brook Drive, Brown Deer, Wisconsin at the above noted time and date, at which the following items of business will be discussed and possibly acted upon: I. Roll Call II. Persons Desiring to be Heard III. Consideration of Minutes: February 13, 2017 Regular Meeting IV. Report of Staff/Commission Members V. Unfinished Business VI. Business Items A) Review and Recommendation of an amendment to a Development Agreement with Complete Transit for the parking of vehicles at 4715 W. Bradley Road B) Public hearing, review and recommendation of a Conditional Use Permit for a dry cleaning establishment at 5960 W. Brown Deer Road C) Public hearing, review and recommendation of a Conditional Use Permit for a cellular communication tower and associated equipment at 5712 W. Fairy Chasm (Fairy Chasm Park) VII. Adjournment Jill Kenda-Lubetski, Village Clerk March 8, 2016 PERSONS REQUIRING SPECIAL ACCOMMODATIONS FOR ATTENDANCE AT THE MEETING SHOULD CONTACT THE VILLAGE CLERK AT LEAST ONE BUSINESS DAY PRIOR TO THE MEETING.

2 BROWN DEER PLAN COMMISSION FEBRUARY 13, 2017 MEETING MINUTES HELD AT THE BROWN DEER VILLAGE HALL 4800 WEST GREEN BROOK DRIVE The meeting was called to order by President Krueger at 6:30 P.M. I. ROLL CALL Present: Also Present: Excused: President Carl Krueger; Trustees: Tim Schilz, Jeff Baker; Commissioners: Bill Hoffmann, Al Walters Michael Hall, Village Manager; Nate Piotrowski, Community Development Director; Fernando Moreno, Zoning/Planning Specialist; Rebecca Boyle, Village Attorney Commissioners Jeff Jaroczynski, Ted Wagner, Ryan Schmitz II. PERSONS DESIRING TO BE HEARD None III. CONSIDERATION OF MINUTES: January 9, 2017 Regular Meeting It was moved by Commissioner Hoffmann and seconded by Commissioner Walters to approve the regular meeting minutes of January 9, The motion carried unanimously. IV. REPORT OF STAFF/COMMISSION MEMBERS Mr. Piotrowski reported that the current buyer for the vacant gas station at 51 st and Brown Deer Road extended his option to purchase for an additional two months as he continues to negotiate a lease with a coffee provider. Commissioner Hoffmann asked if the development of the gas station on N. Green Bay road was still moving forward. Mr. Piotrowski replied that it was and stated an anticipated construction start in spring. V. UNFINISHED BUSINESS None. VI. NEW BUSINESS A) Review and Recommendation of a Seventh Supplemental Development Agreement to allow storage and warehousing at the Marketplace Shopping Center, 9060 N. Green Bay Road Mr. Piotrowski reviewed the proposal and introduced Frank Evans, the project architect, who detailed the proposed layout of the new Kohl s Off Aisle and storage spaces. Trustee Baker asked for clarification on the required emergency egress. Mr. Evans discussed the egress location in the rear of the building and said it would generally not be visible to the public. Commissioner Hoffmann asked for a description of the Off Aisle concept. Mr. Evans stated that it was a newer retail concept from Kohl s featuring discounted seasonal items, overstocks and returns. Trustee Baker asked if any additional retail such as FILA could be added to the areas currently proposed for storage. Mr. Evans replied that this was not part of the plan and that a store like FILA only located in outlet malls. Trustee Schilz asked why the Off Aisle footprint was smaller than the other two area locations. Mr. Evans said that he was not sure of the reason. Trustee Schilz added that he was not in favor of allowing the amount of warehousing/storage that Kohl s proposed because it would prohibit other retail in the Village s main commercial development.

3 Plan Commission February 13, 2017 Page 2 Commissioner Hoffmann asked if the applicant was willing to expand the retail space. Mr. Evans replied that Kohl s did not wish to do this. It was moved by Commissioner Hoffmann and seconded by Commissioner Walters to recommend denial of the Supplemental Development Agreement to the Village Board. The motion carried unanimously. B) Review and Recommendation of a Certified Survey Map for a land division at 4740 W. Bradley Road Mr. Piotrowski introduced the certified survey map and discussed Village plans for redevelopment. Barbara Henry, 9446 N. Elm Ct., asked what if anything was underneath the demolished buildings and how the site would be restored. Mr. Piotrowski replied that to the Village s knowledge there were no underground items beyond utilities and he added the site would be graded and seeded in the spring. President Krueger asked if residential was planned for the southern Lot #4. Mr. Piotrowski replied that the Village intended to market that site for commercial development first. Trustee Schilz asked if a new development proposal would require site specific review because of the Planned Development zoning. Mr. Piotrowski replied that it would. It was moved by Commissioner Walters and seconded by Commissioner Hoffmann to recommend approval of the Certified Survey Map to the Village Board. The motion carried unanimously. C) Review and Recommendation of a modification to a Development Agreement with Complete Transit for the parking of vehicles at 4715 W. Bradley Road Mr. Moreno introduced the proposal and the applicant Don Parker. Trustee Baker asked why transit vehicles were being parked on the east side of the building when the agreement called for them to be parked on the south side behind the building to help hide them from view. Mr. Parker replied that the vehicles would be moved to the correct location. Trustee Schilz asked if eight parking spots was sufficient for vehicle and driver parking. Mr. Parker replied that it was. Trustee Schilz asked if there was any fencing shielding the view to the south. Mr. Piotrowski stated that there was none. It was moved by Commissioner Walters and seconded by Commissioner Hoffmann to recommend approval of the Development Agreement to the Village Board. The motion carried unanimously. D) Conceptual Review of a Retail Development/Dollar Tree, 9325 N. Green Bay Road Mr. Piotrowski reviewed the proposal and introduced the applicant Kim Pischke of Core Commercial. Ms. Pischke also introduced Russ Hire of Dollar Tree. Mr. Hire reviewed the business and operational plan of Dollar Tree and Ms. Pischke describe details of the proposed site plan. Trustee Schilz asked if the Dollar Tree could locate in some of the vacant space at the Marketplace Shopping Center. Mr. Hire replied this was not possible due to leases with Pick N Save and Party City that allowed them to block competitors. Trustee Baker asked if Dollar Tree owned Family Dollar. He added that he felt the quality of the local Brown Deer Family Dollar had recently gone downhill. Mr. Hire replied that Dollar Tree has owned Family Dollar for a year and a

4 Plan Commission February 13, 2017 Page 3 half. He added that he would check into conditions at the Family Dollar. Trustee Baker asked if this new location would replace the nearby Dollar Tree in Milwaukee. Mr. Hire replied that it would not. Commissioner Hoffmann asked if Goodwill was supportive of the Dollar Tree store as it might be competition. Mr. Hire replied that they are supportive and that there are many examples of Dollar Trees co-locating with Goodwill throughout Wisconsin and the country. Commissioner Hoffmann stated that he did not like the current proposal because it featured too much parking, it underutilized the available land and was not part of a larger and more comprehensive project. Ms. Pischke explained that she looked for other tenants to create a larger retail concept but indicated that there was not enough demand. She added that Dunkin Donuts was interested in locating in front of Goodwill if the Dollar Tree moved forward. A discussion ensued as to alternative layouts for the Dollar Tree and how it may best fit into existing and future drive aisles and parking lots. Trustee Schilz stated that he did not like the current proposal because it featured too much parking and underutilized the available land. President Krueger asked about the need for stormwater management as shown on the conceptual site plan. Mr. Piotrowski noted that per the Village Engineer this pond is not required because of existing adjacent facilities. It was consensus of the Plan Commission that the concept was lacking due to excess parking, unnecessary stormwater management features and an underutilization of space for retail purposes. VII. ADJOURNMENT It was moved by Commissioner Hoffmann and seconded by Trustee Schilz to adjourn at 8:06 P.M. The motion carried unanimously. Nate Piotrowski, Community Development Director

5 REQUEST FOR CONSIDERATION COMMITTEE CONSIDERATION: Plan Commission ITEM DESCRIPTION: Review and Recommendation of an amendment to a Development Agreement with Complete Transit at 4715 W. Bradley Rd. PREPARED BY: REPORT DATE: March 13, 2017 Fernando Moreno, Zoning & Planning Specialist Applicable Land Use Regulation: Village Code Sec , B-4 Commercial Districts VILLAGE ATTORNEY REVIEW: Village Attorney has reviewed documents. Village Attorney has not reviewed documents. Documents provided to Village attorney. COMPREHENSIVE PLAN REVIEW: X Staff has reviewed request for consistency with the Comprehensive Plan. ANALYSIS: The most recent Plan Commission meeting (February 13, 2017) ended with approval of an amendment to a Development Agreement allowing Mr. Parker to park eight of his commercial vehicles along the southern side of the property at 4715 W. Bradley Lane (Brown Deer Lanes). During the meeting, Mr. Parker agreed to park his eight vehicles along the southern side of the property within eight parking spots marked specifically in the packet distributed to Plan Commission members. Since this meeting, the Community Services Department has been notified by Ms. Starz (owner of Brown Deer Lanes) that she had entered into a with the understanding that the vehicles would be parked on the eastern side of the property. She claims that the storage of the transportation company vehicles cannot occur along the southern side of her property for the following reasons: 1. During a typical winter, this part of her parking lot is the only optimal area to store snow removed from other parts of the parking lot. 2. During warmer months, a significant amount of her business stems from patrons using the volleyball court who expect to continue using the southern side of the property to park their vehicles. 3. The security cameras that Ms. Starz installed (in part to monitor the transportation vehicles) cannot monitor the southern side of the property, but do allow for constant monitoring of the eastern side of the property. Attached is an aerial depicting the revised location. If approved this new image would be included as the correct exhibit in the previously approved development agreement. RECOMMENDATION: Staff recommends that Mr. Parker be allowed to park the eight vehicles in the eight spots designated with labels 1-8 in Exhibit A. The Community Services Department recommends approval. Please feel free to contact Nate Piotrowski at (414) , if you have any questions. G:\Committees\PlanCommission\Request for Consideration\2017req\ParkingChange_4715wBradleyRd doc - 1 -

6 Exhibit A G:\Committees\PlanCommission\Request for Consideration\2017req\ParkingChange_4715wBradleyRd doc - 2 -

7 REQUEST FOR CONSIDERATION COMMITTEE CONSIDERATION: Plan Commission ITEM DESCRIPTION: Public hearing, review and recommendation of a Conditional Use Permit for a dry cleaning establishment at 5960 W. Brown Deer Rd. PREPARED BY: REPORT DATE: March 13, 2017 Fernando Moreno, Zoning & Planning Specialist Applicable Land Use Regulation: Village Code Sec , B-4 Commercial Districts VILLAGE ATTORNEY REVIEW: 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: Brown Deer Cleaners, is looking to relocate from the Brown Deer Center strip mall to the former Wisconsin Blood Center space at 5960 W. Brown Deer Rd. The property is zoned B4 Commercial and a dry cleaner is a conditional use at this location. The owner of the cleaners has submitted an operation and floor plan, that details their proposed use. These items are included in the packet along with a draft conditional use permit that would govern the dry cleaning business. Staff has reviewed the proposal and the use seems compatible with the neighborhood. Staff has noted signage violations at two places on the property that require correction. The property owner has agreed to remove the derelict sign on the north end of the property and also agreed to re-work the larger sign on the southwest corner of the property to bring it into compliance with Village codes, as part of this approval process. RECOMMENDATION: Staff believes the use is acceptable at this location and recommends approval. Please feel free to contact Nate Piotrowski at (414) , if you have any questions. G:\Committees\PlanCommission\Request for Consideration\2017req\DryCleaning_5960wBDRd doc - 1 -

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10 CONDITIONAL USE PERMIT 5960 W. Brown Deer Rd. Dry Cleaning Establishment Before the Village Board of the Village of Brown Deer, in regard to Premises at 5960 W. Brown Deer Road 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 Glenn Stalker of Stalker Properties, LLC, 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 Dry Cleaning Establishment subject to compliance with the terms and conditions hereinafter stated in this Conditional Use Permit (hereinafter the Permit ) and as depicted on Exhibit B" This document drafted by the VILLAGE OF BROWN DEER Page 1

11 CONDITIONAL USE PERMIT 5960 W. Brown Deer Rd. Dry Cleaning Establishment Document Title Parcel Identification Number (PIN) THE CONDITIONS of this Permit are: 1. This Permit is granted to Glenn Stalker, upon the representation that he is the owner of the Premises and shall become effective upon the execution of the acceptance hereof by Glenn Stalker 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: Dry Cleaning Establishment. The use of the Premises as a dry cleaning 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 dry cleaning operations are permitted: 7:00 a.m. 7:00 p.m. Monday Friday, and Saturday 7:30 a.m. 5:00 p.m. 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. This document drafted by the VILLAGE OF BROWN DEER Page 2

12 CONDITIONAL USE PERMIT 5960 W. Brown Deer Rd. Dry Cleaning Establishment Document Title Parcel Identification Number (PIN) 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 dry cleaning company 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. (5) Waste products and other materials used in conjunction with the dry cleaning company operations on site shall be disposed of or recycled in accordance with Wisconsin State Statutes and the Village s recycling ordinance. b. Finished topography and building grades, retaining walls, storm water run-off: (1) Per the Village of Brown Deer Storm Water Management Ordinance. 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. (2) The ground sign nearest to the northwestern corner of the property will be removed by July 31, (3) The ground sign nearest to the southwestern corner of the property will comply with all Village signage codes by July 31, 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) Dry cleaning company vehicles shall not be parked on the street. (2) Dry cleaning company vehicles requiring repairs or exhibiting signs of visible disrepair shall not be stored at this property for a period of time exceeding 6 hours. (3) The parking lot shall not be used by rental agencies or any other company for parking of rental trailers, trucks, automobiles, or other vehicles. (4) No more than four dry cleaning company vehicles may be parked on the property simultaneously, or overnight. If parked overnight they shall be located in stalls in the northwest corner of the rear parking lot (5) If vehicles are to be parked overnight the vehicle registration, license plate numbers, and make & model of said vehicles shall be kept on file with the Community Services Department. Any dry cleaning company vehicles parked on the property that are found not to match these records, or to be operating without current registration documentation or license plates, shall be towed immediately at the owner s expense. This document drafted by the VILLAGE OF BROWN DEER Page 3

13 CONDITIONAL USE PERMIT 5960 W. Brown Deer Rd. Dry Cleaning Establishment Document Title Parcel Identification Number (PIN) 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. This document drafted by the VILLAGE OF BROWN DEER Page 4

14 GRANTED, by action of the Village Board of the Village of Brown Deer this 20th day of March, Jill Kenda-Lubetski, Village Clerk Carl Krueger, Village President STATE OF WISCONSIN) ) ss MILWAUKEE COUNTY ) Personally came before me this 20th day of March, 2017, the above-named Carl Krueger, 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) Notary Public, State of (Print name of Notary) SEAL My commission: CONDITIONAL USE PERMIT ACCEPTANCE: This Conditional Use Permit is hereby accepted this 20th day of March, ( ) [Title] STATE OF WISCONSIN) ) SS MILWAUKEE COUNTY) This Conditional Permitted Use Permit Acceptance was acknowledged before me this 20th day of March, 2017, by [name] as [title] of.. (Notary Signature) Notary Public, State of (Print name of Notary) SEAL My commission expires: Original filed in the Community Services Department of the Village of Brown Deer This document drafted by the VILLAGE OF BROWN DEER Page 5

15 Exhibit A Legal Description Commencing at Southwest ¼ of Section 2, Town 8 North, Range 21 East, in the Village of Brown Deer, County of Milwaukee, State of Wisconsin. Said parcel containing 58,493 square feet/1.343 acres of land, more or less. This document drafted by the VILLAGE OF BROWN DEER Page 6

16 Exhibits B Floor Plan This document drafted by the VILLAGE OF BROWN DEER Page 7

17 REQUEST FOR CONSIDERATION COMMITTEE CONSIDERATION: Plan Commission ITEM DESCRIPTION: Public hearing, review and recommendation of a conditional use permit to Eco Site, for a cellular communication tower and associated equipment at 5712 W. Fairy Chasm (Fairy Chasm Park) PREPARED BY: REPORT DATE: March 7, 2017 Nathaniel Piotrowski, Community Development Director Applicant: Karol Fahey, Insite Inc. agent for Eco-Site Existing Zoning: R3 Applicable Code: Sec VILLAGE ATTORNEY REVIEW: 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. BACKGROUND: Eco-Site is proposing to construct and operate a cellular antenna tower adjacent to the bathroom facilities at Fairy Chasm Park under a lease agreement with the Village. A cellular antenna tower is a conditional use and requires Plan Commission review and approval of a permit by the Village Board. Attached are plans that show the location of the proposed tower and equipment shelter. The tower would be white and 75 feet tall. The tower will start with one array of antennas at the top. There will be opportunity to add two additional arrays. Staff has worked with the applicant and has requested a wooden privacy style fence and landscaping to buffer the ground equipment. Also attached is the draft conditional use permit. RECOMMENDATION: The site plan is acceptable to Village Staff and suggests that the Plan Commission favorably recommend the conditional use permit to the Board. Please feel free to contact Nate Piotrowski at (414) , if you have any questions G:\Committees\PlanCommission\Request for Consideration\2017req\FairyChasmcellCUP_ doc

18 40' 80' 120' 40' IMPORTANT SITE NOTES: SURVEY NOTE: OVERALL SITE PLAN SCALE: 1" = 40'-0" N 1 PROJECT INFORMATION: 85TH STREET (FAIRY CHASM PARK)/WI-0042 FAIRY CHASM PARK/ML91208A CURRENT ISSUE DATE: ISSUED FOR: REV: DATE: ISSUED FOR: BY: CONSULTANT: 2675 Pratum Avenue Hoffman Estates, Illinois PH: (224) FAX: (224) IL. License No.: Exp: 04/30/17 DRAWN BY: CHK: APV: LICENSER: SHEET TITLE: OVERALL SITE PLAN SHEET NUMBER: REVISION: C-1 C W. FAIRY CHASM RD.

19 0 5' 10' 1' 15' GENERAL NOTES: SURVEY NOTE: COAX NOTE: SITE PLAN SCALE: 3/16" = 1'-0" N 1 PROJECT INFORMATION: 85TH STREET (FAIRY CHASM PARK)/WI-0042 FAIRY CHASM PARK/ML91208A CURRENT ISSUE DATE: ISSUED FOR: REV: DATE: ISSUED FOR: BY: CONSULTANT: 2675 Pratum Avenue Hoffman Estates, Illinois PH: (224) FAX: (224) IL. License No.: Exp: 04/30/17 DRAWN BY: CHK: APV: LICENSER: SHEET TITLE: SITE PLAN SHEET NUMBER: REVISION: C-2 C

20 FENCE NOTES A SIDE ELEVATION VIEW SCALE: NONE WOODEN FENCE AND GATE ELEVATION SCALE: NONE 1 SECTION "A-A" NOT TO SCALE SITE COMPOUND SURFACE DETAIL 2 3 SCALE: NONE PROJECT INFORMATION: 85TH STREET (FAIRY CHASM PARK)/WI-0042 FAIRY CHASM PARK/ML91208A CURRENT ISSUE DATE: ISSUED FOR: REV: DATE: ISSUED FOR: BY: CONSULTANT: 2675 Pratum Avenue Hoffman Estates, Illinois PH: (224) FAX: (224) IL. License No.: Exp: 04/30/17 DRAWN BY: CHK: APV: LICENSER: SHEET TITLE: FENCE, GATE & COMPOUND DETAILS SHEET NUMBER: REVISION: C-6 C

21 MONOPOLE TOWER ELEVATION - NORTH VIEW SCALE: 1" = 10'-0" 1 PROJECT INFORMATION: 85TH STREET (FAIRY CHASM PARK)/WI-0042 FAIRY CHASM PARK/ML91208A CURRENT ISSUE DATE: ISSUED FOR: REV: DATE: ISSUED FOR: BY: CONSULTANT: 2675 Pratum Avenue Hoffman Estates, Illinois PH: (224) FAX: (224) IL. License No.: Exp: 04/30/17 DRAWN BY: CHK: APV: LICENSER: SHEET TITLE: ANTENNA & TOWER ELEVATION DETAILS SHEET NUMBER: REVISION: C-10 C

22 CONDITIONAL USE PERMIT Cellular Tower, Antennas and Equipment Shelter Before the Village Board of the Village of Brown Deer, in regard to Premises at 5712 W. Fairy Chasm located in the NW 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 Eco-Site, 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 Cellular Tower, Antennas and Equipment Shelter subject to compliance with the terms and conditions hereinafter stated in this Conditional Use Permit (hereinafter the Permit ): This document drafted by the VILLAGE OF BROWN DEER fairychasm_celltower Page 1

23 CONDITIONAL USE PERMIT Cellular Tower, Antennas and Equipment Shelter Document Title Parcel Identification Number (PIN) THE CONDITIONS of this Permit are: 1. This Permit is granted to Eco-Site LLC, upon the representation that it is a tenant of the Premises and shall become effective upon the execution of the acceptance hereof by Eco-Site LLC as tenant 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 the owner of the Premises. 2. The Permit shall be void unless, pursuant to the Building and Zoning Codes of the Village, 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 Zoning 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: Cellular Tower, Antennas and Equipment Shelter. The use of the Premises as a cellular tower, antennas and equipment shelter location shall be in substantial compliance consistent with the plans set forth in the Site Plans and Elevations submitted to the Village of Brown Deer in support of its request for this Permit, which are attached as Exhibit B and made part of this Permit. No use of the areas of the premises not identified in the site plans for the proposed use may be used without approval by the Village pursuant to its Zoning Code. b. Hours during which operation is permitted: 24-hour continual operation. Public access is prohibited. c. Performance standards relating to noise, vibration, odor, smoke, dust, etc., other than applicable Village Ordinances: Per the Village Zoning 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 land owner and upon recommendation of the Plan Commission and approval of the Village Board, may be continuous pursuant to Section 121 of the Village Code. e. Other: (1) Reimburse Village for any legal, engineering and other administrative expenses required pursuant Sec. 121 of the Village Code. 6. Conditions of the Building other than in accordance with the approved building plans. (1) None This document drafted by the VILLAGE OF BROWN DEER fairychasm_celltower Page 2

24 Document Number CONDITIONAL USE PERMIT Cellular Tower, Antennas and Equipment Shelter Document Title Parcel Identification Number (PIN) 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) There shall be no exterior storage of supplies, building materials or equipment. (2) The property shall be kept free and clear of litter and debris. b. Finished topography and building grades, retaining walls, storm water run-off: (1) None. c. Sign location, size, design: (1) There shall be no signs of any kind on the antennas or support structure. One identification decal with emergency contact information shall be allowed on the equipment shelter or fence provided that it cover no more than ten percent (10%) of the surface area of the elevation on which it is located. d. Exterior lighting of the site, location, design and power: (1) 24-hour security lighting of the shelter shall be maintained. All lighting shall be fully shielded and down directed. e. Other: (1) Any hazardous conditions or deficiencies identified by the Village shall be corrected by the owner to the satisfaction of the Village within thirty (30) days of written notification. (2) The owner of the equipment shall agree to appropriately screen the lease parcel with a wooden fence. Should this fence be deemed in disrepair by the Village, the owner is obligated to repair any noted deficiencies. (3) If the public utility is no longer in use it is the responsibility of the owner to remove all equipment, fencing and support material and restore the site to its pre-construction condition. (4) There shall be a paved access drive to the entrance of the equipment shelter. The design of said drive shall be approved by Village Staff. This document drafted by the VILLAGE OF BROWN DEER fairychasm_celltower Page 3

25 GRANTED, by action of the Village Board of the Village of Brown Deer this 20th day of March, Jill Kenda-Lubetski, Village Clerk Carl Krueger, Village President STATE OF WISCONSIN) ) ss MILWAUKEE COUNTY ) Personally came before me this day of, 2017, the above-named Carl Krueger, 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) Notary Public, State of (Print name of Notary) SEAL My commission: CONDITIONAL USE PERMIT ACCEPTANCE: This Conditional Use Permit is hereby accepted this day of, ( ) [Title] STATE OF WISCONSIN) ) SS MILWAUKEE COUNTY ) This Conditional Permitted Use Permit Acceptance was acknowledged before me this day of, 2017, by [name] as [title] of.. (Notary Signature) Notary Public, State of (Print name of Notary) SEAL My commission expires: Original filed in the Community Services Department of the Village of Brown Deer Exhibit A Legal Description This document drafted by the VILLAGE OF BROWN DEER fairychasm_celltower Page 4

26 This document drafted by the VILLAGE OF BROWN DEER fairychasm_celltower Page 5

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