Frequently asked questions
Frequently asked questions
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What is the key issue?
What is the key issue?
Three Leaf Partners is attempting to use the grey area terminology under City Ord. § 275-70 “church”, to build a 57,000 sq.ft. drug-rehabilitation facility under the building provisions of an actual assembly-group type facility we normally recognize as a “church”. Given the fundamental nature of the facility as a community-based residential facility (CBRF) that treats residents for drug addiction, with many accessory uses including a chapel, it can only be classified by its primary use per City Ord. § 275-41 (B)(1) and § 50.01(1g) as a CBRF. Given the enormous difference in land-use between an assembly group type facility as that of a “church”, a place for communal religious worship, and that of a drug-rehabilitation CBRF, the later is not a permitted use in the M-1 (light industrial) zone in the city of New Berlin per City Ord. § 275-35.
What ordinances does this violate?
What ordinances does this violate?
City Ord. 235-26 (E): Flag or panhandle lots. Flag or panhandle lots are prohibited in the City of New Berlin.
City Ord. 235-35-2 (5); Additional Requirements, Wetland Setback:
(a) All impervious surfaces shall be set back a minimum of 10 feet.
City Ord. 275-42 (4)(a); Accessory Uses and Structures; General Provisions, Dimensional Requirements:
(a) All accessory uses, except where otherwise specified, shall be set back a minimum of five feet from all property lines. Setbacks are measured from the overhang to the lot line.
[3] Only fences, drainage swales, utilities, and landscaping may be allowed within the accessory setback area.
The "panhandle" access roadway as rendered, shows zero defined setback from the abutting property lines to the North and South, violating the minimum setbacks outlined in this section.
What can I do to help?
What can I do to help?
The best way to support our mission is to raise awareness and help spread the word.
We are expecting a long legal battle and need as much awareness and support to our GoFundMe as possible. If this project were to go through, New Berlin Citizens would be paying for it in taxes. Donate now and share to help us fight this legally. https://gofund.me/4d5014d04
Checks can also be written to New Berlin Citizens United
PO Box 84, Big Bend, WI 53103
What impact would this have on New Berlin?
What impact would this have on New Berlin?
MRM discussed paying in lieu of taxes. However, we do not have a certain amount specifically mentioned. Going off Milwaukee's Police & Fire calls for MRM , there would be a significant amount more than New Berlin Police & Fire are currently set up for. This would directly affect taxpayers and ANYONE who relies on these services. New Berlin has already pushed for additional positions in both departments as of 2025.
They claim they have had 8 calls in 2 years.
Where is the data to back this up?
Where are we at and what are the next steps?
Where are we at and what are the next steps?
The Board of Appeals ruled in our favor, to consider our appeal. We are waiting on the next BOA meeting (tentatively Thursday, March 26) for them to review our appeal, challenging the Dec 8 mtg approval of this development.
How is the facility being classified as a "church"?
How is the facility being classified as a "church"?
Prior to the December 8 Planning Commission meeting, the developer and City staff made a preliminary determination that the project could “arguably” be considered a “church” due to its faith-based component.
Under New Berlin City Ordinance § 275-70, a Community-Scale Church is defined as:
A place of gathering for religious observance, ministry, and fellowship, which may include classrooms for religious instruction and administrative offices. Accessory uses may include banquet facilities, day schools, daycare facilities, retail stores, restaurants, gymnasiums, healthcare facilities, assisted-living facilities, libraries, and cafes.
Community-scale churches are:
Principal uses in industrial districts
Conditional uses in certain other districts
Prohibited in residential districts
The core function of the proposed facility, however, is a 120-bed residential drug rehabilitation CBRF. The chapel is described as an accessory, internal-use component of the larger residential treatment operation.
What happens if participants fail the vetting process, leave the program, or are dismissed?
What happens if participants fail the vetting process, leave the program, or are dismissed?
A detailed operational plan has not been publicly outlined. Milwaukee Rescue Mission has generally described that transportation away from the facility would involve contacting friends or family members.
No comprehensive contingency plan has been publicly presented regarding individuals who fail the program or depart early.
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