Date:      September 8, 2005

To:          Town Planning Commisison Members

From:     Community Development Department Staff

RE:          Agenda Item 8 – Preliminary Plat – Winding Creek Estates


The applicant is proposing a 177 lot, plus 3 outlots, subdivision on Irish Road north of East Shady Lane.  The parcels have a navigable stream that meanders through the development.  The proposed development currently indicates that lot lines will go right up to the navigable stream.  The preliminary plat does not indicate any areas for stormwater detention.  The preliminary plat does not indicate any land that will be dedicated or reserved for public use.

The proposed development has two access points off of Irish Road and future access points to the north, south and west.  The City of Neenah has an officially map road on the property just west of the proposed development. 

The preliminary plat indicates that there is a 10’ trail easement along the southern end of the proposed development.  This easement crosses several proposed properties.  The applicant has not submitted a draft of restrictions or covenants for the subdivision.

Findings of Fact

·         The proposal is consistent with the Low-Density Residential designation in the Town of Menasha’s Comprehensive Plan.

·         The proposal is consistent with the Winnebago County/Town Zoning Ordinance.

·         The proposal is not compliant with Winnebago County Subdivision Ordinance Chapter 18

o        Owner of land shall be identified

o        Subdivision boundary shall be referenced to a corner established in the US Public Land Survey

o        Type, width & elevation of existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established centerline elevations, all to the datum used for the contours.

·         The proposal is not compliant with the Town of Menasha Municipal Code Chapter 6

o        Easements

o        Storm water drainage

·         The proposal is not compliant with the Town of Menasha Municipal Code Chapter 31

Staff Recommendation

Staff recommends a delay of this preliminary plat so that the following issues can be addressed by the developer:

·         Per Chapter 6.20 (2)(d) Preliminary Plats shall indicate “Existing, planned and proposed streets, public facilities or land, easements and other such features.” Also, “Facilities or land offered for dedication or reserved for public or other use as indicated.”

·         As per the previous review of development on this land, the Park Commission recommended, on January 12, 2005, a dedication of land for park purposes to be located in the southwestern portion of the development, north of the navigable stream.  The amount of land that needs to be dedicated is determined by the number of lots in the development.  The applicant shall submit a substantially complete plan to the Park Commission to determine the number of acres of land to be dedicated. (177 lots shall require approximately 3.77 acres of land to be dedicated.)

·         The applicant shall supply the wetland study prepared for Winnebago County to the Town of Menasha Department of Community Development.  Wetland delineations and setbacks shall be required to be delineated on the Final Plat.  Where wetlands are proposed to b e compensatorally mitigated, or “banked”, correspondence from the DNR shall be submitted to the Town of Menasha.

·         The 75-foot building setback shall be shown as “Environmental Corridor” and be dedicated to the Town of Menasha, which shall not count as part of the park land dedication.  It shall be noted, “This corridor is intended to preserve the existing brush, vegetation, and trees located within the 75-foot setback.  Cutting and clearing of live brush, trees, or any other vegetation is strictly prohibited and shall be enforced by the Town of Menasha.”  Municipal Code Chapter 6.22 (1)(a)

·         All roads shall intersect at right angles.

·         A 10-foot wide trail shall be constructed along the Environmental Corridor according to specifications set by the Town of Menasha.

·         Any temporary dead end street longer than 150-feet shall have a temporary turnaround for Fire Department vehicle access.

·         A second vehicular access to the north shall be developed to increase interconnectivity between the proposed development and future developments.

·         The Final Plat shall indicate that the City of Neenah has an officially mapped road along the west end of the development.

·         A phasing plan shall be submitted to the Department of Community Development.

·         Staff encourages the applicant to explore reducing lot sizes so that a more creative approach can be taken to preserve open space and environmental corridors and dedicate park land.


Should the above be resolved, at the time of final plat the applicant shall be required to adhere to the following conditions:

·         A Developer’s Agreement between the Town of Menasha and the applicant shall be drafted and accepted by both parties.

·         A Stormwater Management and Erosion Control Plan along with appropriate fees shall be filed with the Department of Community Development.

·         Utility and drainage easements adequate to serve the development shall be provided and shall be at least 15-feet wide per Town of Menasha Municipal Code 6.22 (3).

·         The applicant shall provide for the purposes of access by the Town of Menasha to proposed retention pond(s) a drainage easement of not less than 30-feet in width.

·         The Certified Survey Map approved by Resolution #050228-3 shall be recorded.