A permit for the abandoned and controversial Strauss meatpacking plant in Franklin will likely be extended for a third time
An extension of the special use permit and site plan for a new meatpacking facility from Strauss Brands that won't be built has passed Franklin's plan commission.
The permit for the proposed $73-million, 152,035-square-foot project at West Loomis Road and Monarch Drive was initially denied in October 2020 but shortly thereafter revived and approved. The permit was first renewed in October 2021.
Régulo Martinez-Montilva, principal planner for Franklin, said the special use permit and site plan are under pending litigation, which is what led to the one-year extension in 2021.
“This is the second extension because, under the pending litigation, there’s a reasonable expectation that the special use permit and site plan be extended,” he said, adding the extension was not requested by Strauss Brands.
A motion to recommend approval to amend special use permit and site plan both passed 4-1. Commissioner Kevin Haley cast the only vote against the extension and Commissioner Adam Burckhardt abstained.
Haley questioned why — when Strauss has publicly said it doesn’t intend to build and the property is for sale — the city would extend the permit.
“To me, when somebody says, ‘I’m no longer interested,’ that means you walk on, you move on,” he said.
The city’s Unified Development Ordinance says permits stay with the land, not the applicant, and are allowed for one year. The UDO makes no mention on how many extensions can be made.
“The special use runs with the land, it’s for the property, and if the property is marketed, that’s one of the interests that a potential user would be looking at and the applicant has not withdrawn the application,” said City Attorney Jesse Wesolowski.
Mayor Steve Olson said “The city is following through on our responsibility."
Strauss cancels, lawsuits continue
Strauss announced it was abandoning the project in a statement read at a Feb. 17 plan commission meeting. The meeting had been ordered by Milwaukee Circuit Court Judge Hannah Dugan as part of an ongoing lawsuit brought against Franklin filed by a local non-profit group, Franklin Community Advocates.
In the lawsuit, filed in December 2020, FCA alleged the project approval violated due process requirements because some city officials were biased toward approving it. Additionally, the group said the plant would interfere with adjacent developments, is contrary to existing zoning and inconsistent with the city’s comprehensive plan.
Court records show Strauss recently attempted to be dismissed from FCA’s original lawsuit. The court denied Strauss' request on Aug. 16, according online court records.
In March 2022, despite Strauss' decision to abandon the new plant, the common council re-approved the project permit.
In April, FCA filed a second lawsuit, this time in federal court, alleging "favored treatment of private developers at the expense of the taxpayers," specifically those who live near the proposed site of the meatpacking plant, according to FCA attorney Joe Cincotta.
Franklin might be trying to recoup money spent on the project, FCA says
One reason for the continued permit extensions is the pending litigation, according to city officials and documents. Olson has also said “other circumstances” discussed in closed session meetings required the city to approve the permit. He has refused to elaborate on what those circumstances were.
Another possible reason could be financial.
David Sorensen of FCA said the city created a tax incremental financing district for the project that he postulated plays a role in the continued permit extensions because, he said, the city needs to recoup money it spent on the project via taxes. Under a TIF, a municipality borrows money for infrastructure, repairs, and other development expenses and pays off the loan through the increased taxes, or increments, that are generated as a result of the new development the upgrades fostered.
“(City officials) want to force Strauss to meet ... this tax agreement," Sorensen said. "But because Strauss has in real terms dropped out, they don’t want to pay the taxes. The city seems to be under the impression that they have to keep approving a special use permit otherwise Strauss can say ‘we could never have built there anyways.’”
When asked for a response to Sorensen's comments, Olson said he "won't comment on active litigation."
Contact Erik S. Hanley at erik.hanley@jrn.com. Like his Facebook page and follow him on Twitter at @ES_Hanley.
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This article originally appeared on Milwaukee Journal Sentinel: Canceled Strauss meatpacking plant in Franklin get extended permit
