New zoning district eyed for 124th Street neighborhood

The Brookfield Common Council reviewed plans for and held a public hearing about the creation of the new Northeast Industrial Zoning District in the neighborhood near 124th Street and Lisbon Avenue on Tuesday.

The hearing also covered the council's recommended action to keep the distance an "adult-oriented establishment" - such as an adult video store - may locate in proximity to an existing residential zone, church, day care, or school at 100 feet, versus a proposed amendment to 250 feet.

The NEI is a result of Brookfield's adoption in July 2011 of a neighborhood plan regarding the 124th and Lisbon area, Neighborhood Planner Jason Williams said.

"The draft of the new zoning district is modeled after the city's existing industrial zoning district," Williams said, "with alterations to incorporate specific goals and objectives of the neighborhood plan."

Those alterations are as follows:

Retail services and sales as an ancillary use, i.e. industrial users will be able to have a retail storefront

More flexible requirements regarding the screening of outdoor storage

New setbacks, offsets, outdoor storage requirements, floor-area ratio, lot coverage and lot area standards

Plans for the NEI will come before the Plan Commission on Monday and, if passed, will move on to a Feb. 21 Common Council meeting for adoption. However, Aldermen Daniel Sutton and Bill Carnell expressed interest in visiting the potential zoning district before the plan reaches the Plan Commission, and the plan will likely be tabled if they haven't visited it before then.

Two people addressed the council during the public hearing: Attorney Paul Christensen, representing Brookfield business Lakeshore Burial Vault, and community member Suzanna Gottschalk.

"Lakeshore Burial Vault is representing its concern over what has been brought up with outside storage," Christensen said. "My main reason to be here this evening is to make sure that the outside screening won't be such an onerous financial burden and that (Lakeshore Burial Vault) can use their previous permit."

Added Christensen, "These restrictions, if they're not grandfathered in, could put a stranglehold on their business."

Gottschalk informed the council that, in her eyes, adult-oriented establishments aren't welcome in the city of Brookfield.

"I lived in this community for more than 30 years and I've never seen one of these establishments here, nor have I heard it brought up as a possibility of being established," Gottschalk said. "These places are out in the middle of nowhere along highways, and that's where they should stay."

Director of Community Development Dan Ertl told the council that in light of the protections afforded by the Constitution, municipalities are required to "accommodate" spaces for adult-oriented establishments, and that if the distance requirement was extended to 250 feet, Brookfield wouldn't comply with the legal definition of accommodation.

"There are no such uses in our community today," Ertl said. "The plan doesn't encourage such uses, but we do nevertheless have to accommodate them."