Sprawled Out: The Search for Community in the American Suburb

Fountains of Franklin demise: Case Study One for new development task force

ABOVE: Completely arbitrary (and therefor as accurate as any other presented) artist's depiction of planned Fountains of Franklin retail development.

The long-languishing Fountains of Franklin development site faces a foreclosure suit.

The history of this project is, frankly, the stuff of reality TV, complete with "evil developers," a call for an alderman's resignation, sudden city "forgetfulness" regarding zoning, selective enforcement of ordinances, accusations of preferential treatment of developers whose names begin with "C" and end with "arstensen," incriminating spy photos, a comically-perturbed local blogger, startling new definitions for the term "upscale," and, finally, time travel.

That's why this project is a perfect case study for the new Mayoral Ad Hoc Development Process Review Committee, which was created, after all, to untangle the development process in Franklin.

So: I triple dog dare the Mayoral Ad Hoc Development Process Review Committee to look carefully at the development process as followed in the case of Fountains of Franklin. I submit that we would learn more in diagramming the twists and turns in that single debacle than in the pages of any expensively commissioned report.

 

Creating Neighborhood Capital from Strip Malls | Planetizen

This is a concept being talked about at dense urban levels - but what about suburban strip malls? Can it be possible to convert dead or dying strip malls into community-building assets?

"It's very clear to me that the rules have changed and that it's very possible for somebody who has a really good idea to create an audience that can sustain that idea if it’s really well branded and really cunningly conceived," says Sherman. "But developers, for the most part, are not those types of people. They're in a different silo."

From: Creating Neighborhood Capital from Strip Malls | Planetizen:

Strip malls probably don’t fit into the definition of progressive urbanism for most people, but maybe they should. Well, maybe after a little organizational tweaking.

The small retail centers are ubiquitous in American cities, with their generic shops selling donuts or beer, offering dry cleaning or key-cutting. They're a part of many neighborhoods, but not necessarily an essential part. They bring goods and services to the area, but are ultimately of the greatest benefit to their owners – off somewhere cashing monthly rent checks from the moms and pops running the little businesses within. That model can change, according to Ava Bromberg. She's a PhD student in UCLA's School of Public Affairs who is developing a new vision for small retail centers that would transform them into engines of social and economic capital at the neighborhood level.

"It's part mall, part business incubator, part cultural hub," says Bromberg. The idea is to overlay a distributed ownership model on the typical strip mall that enables the value created by this commercial real estate to cycle back and benefit the neighborhood it serves. Consumers are also business owners, property shareholders, and decisionmakers. In this model, the building goes from being a cash cow for one owner to being a bank for the community, into which investments can be made and from which public benefits can be funded.

But it's also about activating disused retail space for more than retail. Bromberg wants the spaces to partner with local institutions like hospitals and universities to create learning environments and job training opportunities on-site. The idea is to retool the existing neighborhood infrastructure to serve unmet needs within the community.

Read the rest at Planetizen.

Franklin EDC meeting notes, Part 3: Get creative

I promised part 3 would end my report on Monday night’s Economic Development meeting on a high note. Frankly, I had no where to go but up (see part 1 and part 2).

My last item on the agenda was titled simply: “Discussion Relating to City-Owned Land Between Fire Station and Public Library - Member Michlig.”

Call it a challenge. Call it a symbol. Call it tilting at windmills.

Some background:

Franklin has never had any sort of “downtown”; in fact, city leaders have long disagreed on where the “city center” is. The strip mall intersection at Rawson and 76th? The new Shoppes at Wyndham Village? Sendik’s and long-languishing Fountains of Franklin at Rawson and 51st?

In truth, the only real -- and well-used, by the way -- public space in Franklin is the Public Library. It’s next to a public park, which in turn is next to a subdivision that has paths connecting it to the large play areas, tennis courts and shelters. Rental housing and apartment buildings stand on the other park border, and City Hall is in the same area. Senior apartments are only a few yards south. It’s a unique multi-purpose area in town. I’ve blogged before about the incredible amount of available space in this area -- the library is surrounded by a huge lawn, for instance.

So what’s missing? Despite the presence of residential (owners and renters, young and old), municipal (library, city hall, police station) and park zones, a piece is badly needed.

As it happens, the city recently bought a house that sits between the library and the firehouse. The property is on a corner, separated from the library by a street and the residential areas by the park. Because of asbestos contamination, the whole structure will be removed, leaving an empty parcel of land.

Click to embiggen

Here is a short sketch of the proposal/challenge/Quixotic quest I described to the EDC:

The city of Franklin, along with partners that will become apparent, builds on the site where the residence once was a COFFEE SHOP and CO-WORKING SPACE. Two stories, built right up to the sidewalk (no setback) on two sides (no drive-thru), with a courtyard in back that segues into the park - a beautiful public space that sits at the intersection of the library and the park that residential neighborhoods can easily access on foot.

The missing piece!

Following a model established at the Blatz building in Milwaukee, where Milwaukee School of Engineering students run the building’s cafe, the city partners with Milwaukee Area Technical College; the students, as part of MATC curriculum, run the coffee shop, handling everything from accounting to grinding beans. Franklin High School can also be involved, as students can work there for credit.

Want to learn business? Run a business!

Want to encourage wonderful public space around a commercial amenity? Build an example for others to follow!

Corporate sponsorship is not at all out of the question: OfficeMax, FedEx/Kinkos, Starbucks, Dunn Bros., Starbucks, Northwestern Mutual Foundation, etc. A community/educational/economic development effort like this is something great to be associated with.

• The project acts as a "development laboratory," wherein the city can show by example what sort of development we'd like to see. Along the way, we'll also learn a lot about flaws in the developer-city process and relationship that we can address as they appear.
• In tough economic times, planning and building a community asset like this acts as a potent symbol of our confidence in Franklin. Why should we expect business to take root here if we're not willing to do it ourselves as well?
• At long last, a vibrant,  multi-use city center will begin to emerge.
• The facility is an educational asset to MATC and Franklin High School.
• The project will bring together the talents and passions of the community: local craftsmen and contractors pitching in; creative minds devising site plans and architecture; business leaders donating assets and money; etc.
• Open space adjacent to the cafe can be used for, among other events, monthly or bi-monthly Farmers' Markets coordinated with market events held in St. Martins.
• Franklin will at last have a "third place" for people to lounge, work, surf the net, read and meet. No more driving to Borders and Barnes & Noble in Greenfield.
• The co-working facilities -- both paid-by-the-month space and free work areas -- will be desirable to the growing corps of "free agents," newly freelance, and mobile workers.
• It'll be a great stop for residents of Waterford and Burlington on their way to and from the freeway.

As they advise in vaudeville, go out on a high note.

After facing blank stares (and worse) earlier in meeting while talking about complete streets, smart growth, and preparing for transit (see part 1 and part 2), this idea seemed to resonate with everyone in the room.

So it's off to the Common Council to get authorization for a subcommittee to pursue the idea.

I'll call it a happy ending. For now.

Fountains of Franklin tenant announced: Must be upscale, because the word "holistic" is used in its promotion

It's not a Dairy Queen or Cousin's Subs.

Kidz Unplugged, which bills itself as "one-stop shopping for the mind, body and spirit of our children" ("This center will serve as the first exclusive children’s holistic center in the community focusing on natural enrichment activities and personal care needs of children"), has sent a mailer announcing its relocation from the Franklin Business Park ("not the best fit for this type of business," according to the mailer) to Fountains of Franklin.

The new facility will be 5,700 square feet, which will be, according to the mailer, the largest kid's salon and spa in the country. Kidz Unplugged will be closing their current location on December 27th.

Sad to say, given the hostile, vehicle-choked, disconnected environment in which they must navigate, today's suburban children evidently do require "enrichment activities" beyond those that me and my snot-nosed buddies self-generated back in the early '70s - - when our world was much, much bigger and a three-speed Huffy with a banana seat gave you the keys to the kingdom.

I'm trying to imagine going over to Kirkie Kerschlager's house with my friend Bob Blaskowski only to have his mom say, "Kirkie can't play slo-mo Packer goal line football today; we have a spa appointment."

Other natural enrichment activities I remember:

- Playing marathon "ghetto-league" baseball games (so named by a Little League coach: "And don't go getting hurt before our 'real' game playing your little 'ghetto-league' ball...").

- Catching bullheads and carp down at the Wisconsin River.

- Exploring the "mud flats" when the Wisconsin River was drawn down (Found: 34 bikes, a rusted-over revolver, and a 4 cars).

- Jumping bikes with homemade ramps (I have the scar to prove it).

- Day-long excursions to the city pool, then up the hill to grandma's for peanut butter cookies and card games.

- Climbing the pipes at Wausau Concrete (with the big "WausaW Concrete" sign).

- Dumpster-diving behind the arcade supply shop for 45's (speaking of "natural enrichment," I remember finding the Knack's "My Sharona" with the scandalous sleeve photo and being strangely affected. My mom had to have a talk with me when she saw that particular item).

-The "Cluster Mystery Ride": Going down the sledding hill - which had huge "bumps" at the bottom created by the snowplow - in a closed refrigerator box with four other kids. (I have a scar from that one as well.)

- Walking down to Stop-&-Go ("Stop-&-Hock") to look at comics and buy Wacky Packages ("Fright Guard"! Genius).

- Biking to the Wausau News Agency to look at exotic magazines (meaning monsters and sci-fi, not skin and sin).

- Pressing up against the viewing window at WRIG-AM radio and watching the DJ spin records and read the news, sometimes leaving with AP tearsheets to later read aloud from my basement "studio."

- Trying even the weird flavors at Mother's Ice Cream.

- Building yet another fort in the clump of trees we called The North Woods.

Etc.

Ah, the days of free natural enrichment.

Did you forget the Fox zoning circus? South Milwaukee judge will consider Franklin zoning dispute

Election's over - back to the business of city and community development.

The dispute over Leonard and Verna Fox's apparent ability to ignore city zoning regulations due to seniority inches forward; wisely, an out-of-town judge will consider the case.

Via FranklinNOW.com:

South Milwaukee Judge will consider Franklin zoning dispute

Franklin’s zoning violations case against Leonard Fox is in the hands of a South Milwaukee municipal judge.

Judge William Fenger will consider allegations that two businesses Fox owns — Franklin Storage and Castle Concrete Products — have not received proper city approvals for outdoor storage of vehicles and boats, as well as other zoning violations.

Fox was issued a municipal citation from Franklin in September for failure to correct zoning violations at his commercial property in the 5000 block of West Rawson Avenue, near the Fountains of Franklin retail development.

The case was assigned by the Milwaukee County Circuit Court to Fenger last week because Franklin Municipal Judge Frederick Klimetz recused himself. Klimetz, a former Franklin mayor, cited his possible participation in discussions several years ago, when Fox approached the Common Council for a commercial user permit, as a potential conflict of interest in his current role as judge.

Long-sought resolution

Franklin Planning Manager Joel Dietl said Fox had received three zoning violation notices this year about the property, but the complaints from Franklin residents date back to June 2007.

The case has moved at a relatively slow pace. Fox requested and received at least two extensions to comply with the city’s request to correct the violations but a citation was issued after little or no progress was made, Dietl said.

Leonard Fox did not return a reporter’s phone calls before deadline. However, Verna Fox, Leonard’s wife, said in an interview last week that the couple was still making an effort to comply with the city, including paying for a certified survey map of the property.

“They said they wouldn’t do this if we worked on correcting our problems,” she said. “So this kind of surprises me. We’re having a (survey map) done right now that’s going to run close to $4,000.”

Franklin City Director of Administration Mark Luberda said the city will consider any compromise the Foxes make, but the case is now temporarily out of its hands.

“Realistically, the way it stands, we’re waiting for an involvement (by South Milwaukee’s municipal court),” he said.

Favoring rules enforcement

Developer David Hintzman, a nearby commercial neighbor of the Foxes who has developed some of the sprawling Fountains of Franklin site, said in a recent e-mail he would like to see more action on the case.

“We, along with other property owners in the city, are happy to see the Franklin city staff begin to enforce their ordinances on this issue,” he wrote. “However, we haven’t seen the city’s complaint specifically address the illegal operation of the outdoor storage business. This is concerning considering (Dietl and Luberda) each have explained to Mr. Fox that he is no longer able to run this illegal business.”

Fox’s court date is not yet known. The South Milwaukee city clerk did not return a reporter’s calls.

Now Franklin has a CVS Pharmacy on the way. Yawn.

A new rendering for the CVS Pharmacy planned for the Sendik's development at 51st and Rawson was approved on Sept. 11.

When something is being built in Franklin and surrounding environs, guess "bank" or "pharmacy" and you'll usually be correct. Now the quasi-semi-Fountains of Franklin has both.

Another building surrounded by asphalt and unconnected to anything nearby (just where is that woman in the picture walking from? The Quarry?).

Can you feel the excitement? First a Golden Corral, now this - - - BOOM TOWN!

Evil Developer responds to MJS story on Fountains of Franklin

Developer Dave Hintzman, he of Fountains of Franklin, learned in a recent Milwaukee Journal Sentinel story that he is an evil developer (he may even have awoken this morning to find that he now has a handlebar mustache perfect for twirling whilst conniving against the elderly).

Snidely Whiplash Hintzman sent the following email to local bloggers, which I post in its entirety:

Dear Franklin bloggers,
 
After reviewing the opinions of some of your blogs, and those who posted comments, I feel compelled to respond to the insinuations made against our project.  You have been misinformed.
 
Yesterday's Journal Sentinel story was not a true, accurate article.  Instead, it was an obvious attempt to manufacture a storyline that is nothing short of "if it bleeds, it reads."  Given the Journal Sentinel's decrease in revenue, readership, and advertising, it appears this reporter wanted to create a more interesting story.

1. Our original (or current) plan did/does not include any other property.  However, when the area was being rezoned, the Plan Commission expected us to create a conceptual plan including all of the commercial properties of the area.  Afterwards, I spoke with the Sendik's developer and the owner of Andy's gas station to see if they were interested in marketing the area under the brand name of Fountains of Franklin (similar to what the cities of Oak Creek & Franklin were doing with "Boomgaard").
2. I do not want nor will not purchase our neighbor's property now or in the future.  The entire Journal Sentinel story revolved around this premise.
3. I do not support, nor have I ever heard of anyone supporting the idea to "kick the Foxes out of their home."  I have been neighbors to the Foxes since 1999, and feel that we've shared a positive and healthy relationship.  We bought ten acres from our neighbor in 2005 to create a development and named the road in honor of their daughter, as this was very important to them.  Later, a nearby park was named after her.  The Foxes have shared with us that they were very happy to work with us on that project.
4. We do not consider the Target center as competition.  First, a commercial broker explained to us that it is in a different market area.  Second, that area has a different level of roadway access and demographics.  Third, that project contains the second largest discount retailer in the world.  Mark Carstensen is a very successful businessman and he is building a different project than ours.  I'm only surprised that Mark Carstensen chooses to visit our neighbor so frequently.
5. We were aware of our neighbor's business activities prior to the beginning of our project.  We designed a full and mature landscape buffer to benefit both properties.  However, when desired national businesses are reluctant to locate in a community that doesn't enforce all of their Ordinances, it was our responsibility to address their concerns.  We were unaware, as I believe the city was, that our neighbor is operating multiple businesses unlawfully and has multiple zoning violations.  This is a reasonable concern for any neighbor.
6. Our neighbor has chosen to not comply with the laws of the city originally or to date.  A few months ago, our neighbors told me they intentionally did not fulfill their responsibilities or city agreements because it would cost them money and their taxes would increase dramatically.  Most people are not aware that the city provided multiple warning letters in efforts to help get them in compliance.  Afterwards, the city offered a clear path of compliance without any penalties or fines, which included an additional year to cure their deficiencies to fulfill their responsibilies and agreements with the city.  Mr. Fox declined the goodwill offer and threatened a lawsuit against the city with two different attorneys.
7. The last time we talked to our neighbors, they told us to send over a "multi-multimillionaire" if we found one.  It is our understanding that they have been offered almost $3,000,000 for a property that's worth much less than $2,000,000. Since it has been brought to my attention that the Foxes bought their property for $1.00 (one dollar), it appears they are “at the right place at the right time.”
8. The city has now confirmed that the outdoor storage, the boats and RVs, will have to go. We as a neighbor, have a reasonable concern why this issue has not been enforced to date.

I trust that you will find the above accurate and truthful information beneficial.
 
Thank you,
 
David Hintzman
President
Equitable Development, LLC

Too young to drive, but old enough to blow up Nazis

Follow up to an earlier post ("Make no mistake: Potential developers are watching how Franklin handles the Fountains of Franklin situation"): In a Milwaukee Journal Sentinel article that identifies Leonard Fox as 78 years-old, he is quoted as saying:

“I never thought, when I was in Europe and calling out artillery fire, that I’d ever have to come home and defend my own property.”

I wish I could take credit for the catch, but someone else pointed out to me that, unless the MJS got his age wrong, Mr. Fox would have been 15 years old in 1945, when World War II ended. Sneaking into combat underage - - -now that's a story!

Make no mistake: Potential developers are watching how Franklin handles the Fountains of Franklin situation

The Milwaukee Journal Sentinel weighs in on the Fountains of Franklin-Fox property kerfuffle.

[Fountains of Franklin developer Dave] Hintzman contends that the Foxes never obtained the approvals needed for their various ventures, and that they’re interfering with his ability to lure investors and retailers to his planned Fountains of Franklin shopping center next door.

He contends that the city is dragging its feet on enforcement in deference to hometown developer Mark Carstensen — a frequent contributor to city causes and candidates — whose Shoppes at Wyndham Village, at Highway 100 and W. Drexel Ave., is competing for similarly upscale tenants.

...

Hintzman sees Carstensen’s hand in the lack of a resolution, saying he’s repeatedly photographed the rival developer’s Cadillac Escalade on the Fox property.

The Foxes say Carstensen has been helping them “to understand our rights.” They’ve known him for years, they said, and he’s looking out for their best interests.

Carstensen did not return a call for comment.

What could possibly be suspicious about that? (And "Carstensen did not return a call for comment" is one of the most common phrases used in MJS stories about Franklin).

The Journal Sentinel story emphasizes the emotional wear and tear this experience is having on the elderly Foxes, building to this crescendo:

The Foxes, meanwhile, say they’re stressed beyond their ability to cope. He’s been taken to the hospital with chest pains, she said, and she cannot sleep at night.

“They’re going to kill us,” said Verna Fox, 74, standing on the stoop with her husband.

“We had a very peaceful life here until a year ago,” said her husband, who believes he’ll die if he retires. “We just want to be left alone.”

Pretty much covered all the bases there. And, earlier, Mr. Fox's service in WWII is mentioned (“I never thought, when I was in Europe and calling out artillery fire, that I’d ever have to come home and defend my own property.”)

Who can't empathize with the Foxes? It's an easy story to spin: Evil developer and predatory local government looking to toss longtime hardworking residents out on their ears. (Or even kill them, apparently.)

But, emotion aside, this difficult situation begs some equally difficult questions if viewed dispassionately:

- Would a 45 year-old businessperson be given the same wide berth (i.e. allowed to operate and claim for tax purposes businesses without city approvals) if he or she was in the Foxes position?

- Related: Are developers from outside Franklin watching this and taking note of the fact that they would be dipping their toes into unpredictable, emotion-ruled waters if they tried to propose something significant and far-sighted in these city limits?

- If the Fox case is any indication, why should anyone in Franklin, from homeowners building patio additions to commercial locations altering their services, feel bound to seek permits and or approvals from the city? (Am I a sucker because I got all those permits to rebuild my basement after the flood?)

- I'm not Dr. Phil, but I knew from day one that the Foxes would not want to budge regardless of financial offers (I made a few inquires and the writing was on the wall). Why didn't Dave Hintzman realize this? Or, if he knew this, why didn't he take it as seriously as I did? (Anyone with parents or grandparents knows what stubbornness is all about, right?)

- Has a truly generous offer been made to buy the Fox property? If so, without regard to sentimental attachment (which is the wild card here, I'm guessing); at 74 and 78 years of age, wouldn't  a generous buyout of their property - - which is located on a busy arterial road heavily trafficked by dust-spouting trucks from the quarry across the street - - represent a wonderful culmination of the Fox's years of work? And what says Mr. Fox can't go on happily working in a new - - better - - location?

- It is to developer Mark Carstensen's distinct advantage if the Foxes, against all logic, decide to stay put and hopelessly bisect the Fountains of Franklin, which rivals his Shoppes at Wyndham Village. Can he possibly be "looking out for their best interests," or, indeed, the community's best interests?

- A successful Fountains of Franklin (with a viable site plan) is advantageous to the city of Franklin. A bisected site plan will be just another inefficent boondoggle created simply to salvage a developer's investment (which we seem to specialize in here). Shouldn't city administration pitch in to help create a mutually satisfying solution? I.E., shouldn't we be seeing the mayor's vehicle at the Fox house now and then?

Nothing clear-cut about this particular situation, I'm afraid.

Growing pains: Is Franklin getting too big to selectively enforce ordinances?

This will be the background post, with more to follow.

This past Tuesday's Franklin Common Council meeting focused on a letter written by Lyle Sohns, 5th district alderman, to Mayor Tom Taylor regarding what he alleges is the city's willingness to ignore ordinance violations on the Fox property, which bisects the area where developers are struggling to create a cohesive commercial site called Fountains of Franklin. Trouble is, as long as the Foxes refuse to sell their property, the Fountains of Franklin site will be hopelessly severed in two with Rawson Avenue on one side and a residential subdivision on the other; both immovable objects.

As per typical oddball suburban road plans, there is no way, given the Fox property's location, to move from one end of the proposed F of F site to the other without getting back out onto Rawson and driving the 500 yards-or-so. Wonderful - see why good master planning is important?

It's my understanding that various financial offers have been made to the Foxes by the developer to purchase the property, but the Foxes prefer not to sell. You can imagine the developer's frustration.

Why not sell? It's not for us to judge why people grow attached to a certain location, but the Foxes apparently want to stay put on a strip of land that abuts a road thickly populated with noisy, dusty dump-truck traffic from the quarry across the street. To their left and right will soon be commercial development of one sort or another that does not compliment their current storage and concrete business (and vice-versa).

Add to this stew a few visits to the Foxes from a competing developer with a competing commercial development in Shoppes at Wyndham Village (and who, ironically, maneuvered the city into a similar "don't-take-our-land" position and is responsible for the fact that there is a house (!) right behind the Target loading dock. Well played, Mr. Carstensen!)

Now we come to find out that the Foxes have been taking certain liberties - - unknowingly, I assume - -  with their property that conflict with local ordinances, and these ordinances have not been enforced, hence the letter from alderman Sohns to the mayor. Three businesses - a concrete company, mini-warehousing, and outdoor storage - are operated on the property. Two out of three of the businesses have never been approved; sort of a "look the other way" situation, because, after all, Franklin was but a small town back in 1980 when the unapproved businesses began operation.

During the public comment period at Tuesday's Common Council meeting, the Foxes - - clearly distraught - - expressed their fear and confusion over the matter. You'd have to be made of stone not to empathize with them; I sincerely doubt they ever consciously set out to pull the wool over the city's eyes. (In their own words; "We're not developers.") They say they had a lawyer involved but have since dropped him or her as the lawyer "seemed to only make things worse and more confusing for us."

So who's to blame for their predicament? And, make no mistake, it very definitely is a predicament if Franklin hopes to enforce any other ordinance with any other business or homeowner. Everybody's watching.

More later. In the meantime, listen to meeting podcasts at Janet Evans' Righty Blog (where you will hear the phrase "emminent domain" for no reason I can discern).