The Plan Commission agenda is always worth watching. Monday night, July 8th, two issues will be discussed that if passed will result in neighborhoods losing the over-development struggle again.
I'm going to write it out. Brace yourself:
Capitol Heights.
The other is Towne Centre. And when you see the details on Mandel's plan for Brookfield, you might flip. I certainly did.
This is likely to become long and complicated and emotional. I wish I could control the emotional part a little better, but Capitol Heights was such a difficult situation, it will be a challenge.
Here's the agenda. Here's a cute little addendum.
For Capitol Heights - a poorly executed mixed-use development on Capitol Drive at Beaufort, the notice reads:
5. PLAN COMMISSION RECOMMENDATION: Request of Anchor Bank, Madison, WI and Tendick Business Group LLC c/o Steve DeCleene, Colliers International, 1234 N. 10th Street, Suite 300, Milwaukee, WI 53025 for approval of a preliminary survey and Certified Survey Map (C.S.M.) dividing property located 17400 W. Capitol Drive, Lot 1 of Capitol Heights or C.S.M. No. 9549 into two (2) lots. New Lot 1 will contain three (3) future commercial buildings to be developed consistent with the project Planned Development District and new Lot 2 will contain the existing two-story office building. The request also includes amendments to the project Development Agreement related to Lot 1. - DE (SE ¼ of Sec.4) **Requires Common Council Approval**
The addendum includes:
The request also included amendments to the project Development Agreement related to Lot 1 and a determination that such do not constitute a substantial alteration under section 17.41.040, H.2. of the Zoning Code.
That's because I sent the mayor and Mr. Ertl, and the city attorney and several of the aldermen a note Friday, July 5th, saying I thought they were getting it wrong.
PDD's - planned development districts - are unique zoning designations. When they are created they are a unique understanding between the city and a specific developer. There are pages and pages of does and don'ts. In theory the law demands a developer give the city a public improvement beyond what the city would ordinarily obtain, and for that developer's trouble, he gets a perk. This perk is usually density that would never be allowed in Brookfield development under regular zoning.
That's what happened in 2003. There was weeping, and wailing, and gnashing of teeth, and when it was all finished, the neighborhood was one vote short of stopping a development by Vincent Kuttemperor that stuffed ten pounds of oats in a five pound bag.
The development had a senior housing complex, condos, and several office building on a lot where, and I think I remember this correctly, the original M2 zoning would have only allowed for the senior complex.
I fought really hard. I made some great friends, but I also made some enemies. Kuttemperoor for one. I never liked the way he pulled municipal elected around by their hair and demanded to be treated as an emperor. (It all happened again when the Ruby Farm parcel was put to a plan.) I did manage some concessions in that battle. One was that the entire development be built by September 2011 or Kuttemperoor lost the right to work it any more.
Then guess what? That happened. Mr. Fancy-pants developer lost his shirt, and the neighborhood started to breath a sigh of relief. What was there wasn't pretty, but at half completed it's only around seven pounds of oats in the bag.
Until tonight's Plan Commission decision, anyway. You see, simply because they say so, they will decide to rewrite the PDD law and open the project back up to development using a different developer that will not need to be completed until the end of 2017.
And they are doing it all without proper notice or process.
I say that confidently. The notice you read above does not ever mention the very substantial change of extending completion through 2017. You can see the later agenda for Mandel does. Also, this project does not allow for community input. Again, the later project does.
Here's the point that would definitely hold up in court: Because of the unique nature of the PDD, any amendment to that PDD, even a change in developer, but certainly a change in plan or timeline, needs to go back through the rezoning process. It's been avoided before by one developer buying another's LLC. The agreement is with the LLC, so all stands firm. This time they can't follow the rules so they are making new ones.
It's the law, but sadly, the City of Brookfield has adopted a "so sue me" attitude over the last few years. Not many neighborhoods are willing to front the cash to hire an attorney.
(Note from memory - it looks like they are preparing to do battle over the quarry site that would make a good spot to dump asphalt. Also, I remember the neighborhood around The Shire lawyered up. They lost the battle but won that war in the end. But then, so did I! ;) )
Much of the Common Council elected today is in part there from a Capitol Heights backlash. This is a new test for them. The ones who were around in 2003, Berg, Mahkorn, and Ponto, all voted yes. I'm betting that's what we'll see again.
I am particularly discouraged in one of my Aldermen, Rick Owen. He also sits on the Plan Commission. In minutes over the last year he's said regarding the approval of a senior living center:
"this was not an easy decision. He lives near Capitol Heights. At the time the project was approved, it had a large negative feel to it. It now has a less negative perception than what happened there. It‟s something new and opposed. He understands that residences would rather preserve the empty lot."
Yes, the Aldermen thinks the Capitol Heights fight - the district he represents! - was about preserving an empty lot.
Given the opportunity, though, I think at least four of the Common Council members would shoot down this poor plan and tell the Director of Community Development to come back with something that respected the neighborhood more than the old PDD. That zoning, after all, IS NOT A RIGHT BECAUSE THAT RIGHT WAS AWARDED TO AN LLC OF VINCENT KUTTEMPEROOR AND EXPIRED IN 2011. My hope is that a majority of the council will do so, but there's no guarantee for that.
What seems obvious is that Mayor Steve Ponto, as he enters an election next April, is willing to put development first and foremost into his campaign. His motto must surely be, "If it's not my backyard, then stick it to them."
Want more proof? Here's the Mandel item on the same agenda I've referenced above:
9. PLAN COMMISSION RECOMMENDATION: Request of the Mandel Group, 301 East Erie Street, Milwaukee, WI 53202 c/o Phillip Aiello, Senior Development Manager for approval of a public hearing to amend Ordinance 1717 which established "Planned Development District-Mixed Use-No. 2-Towne Centre” located at the southwest corner of Capitol Drive and Brookfield Road. Said amendments would permit the “R” parcel of said PDD to be developed with a threestory , 66,600 square foot , 36 unit apartment building with underground parking, where a two story , 30,700 square foot, 44 unit multiple-family building was proposed. Said amendments would also allow the “V” parcel of said PDD to be developed with a two-story, 47,000 square foot, 24 unit apartment building with underground parking, and an 15 foot building setback along Thomson Drive where a two-story, 20,000 square foot office building with a 25 foot build-to-line to the curb line of Thomson Drive was proposed. Said amendments would also extend the time of completion of the improvements envisioned on said parcels in the project PDD letter of understanding until December 31, 2016 and remove parking on the “R” Parcel required under a Declaration of Covenants. - DE (NE ¼ Sec. 8) **Requires Common Council Approval**
You read that correctly. A small lot already planned in a previous PDD to be extremely dense in development is now going to be doubled. DOUBLED. At least this time the notice was kind enough to include the extension of time and a promise to visit with the neighbors first.
I'll get to that later in the week. Surely you've had enough for now.
