Memo

Date:       September 9, 2005

To:           Town Planning Commission Members

From:      Community Development Department Staff

RE:          Agenda Item 9 – B-5 Conditional Use Permit – Cottagewood Condominiums

Overview

The applicant is proposing a 110-unit Live/Work Condominium development on 21.8 acres (5.05-units per acre) on the west side of Irish Road and north of West American Drive.  The proposal indicates that there will be 3 duplex units, 16 triplex units and 14 fourplex units that will be a combination of single-story and townhouse style with 68 additional parking spaces.  The minimum distance between buildings is 20-feet.  The main access will be off of West American Drive, with a secondary access off of Irish Road.  There is also a future connection to the property to the east. 

Staff met with the applicant to discuss the internal roadway design.  Originally, the applicant was proposing private roads.  After the discussion, the recommendation was to make public roads with a 60-foot right-of-way.  As a part of this, the Town of Menasha will petition to change the B-5 zoning to allow 0-foot street setbacks on a site by site basis.  Currently, the B-5 has a 30-foot street setback. 

The future land use map indicates this area to be commercial development.  As a part of the B-5 Conditional Use Permit, residential units that include at least 20% of the units for commercial or office use are permitted.  The applicant has submitted a letter stating that 20% of the units are the Live/Work units; however, the site plan does not indicate the location of these units. 

Findings of Fact

Staff finds that this Town CUP complies with B-5 Zoning Ordinance and the Town’s adopted Comprehensive Plan

The applicant submitted a complete set of plans.  Some minor concerns were identified by staff in their review.  They are outlined in boldface below:

Architecture

1.       Architecture -- The architecture does not meet the requirements for WCTZC[1] 17.13-B (10)(i)(2)(a) &/or (b).  All facades must have either the 1/3 of the building or 7’-0” of façade whichever is greater, shall be masonry, stone, glass, or architectural precast concrete panels.  The exterior information provided by the developer shows vinyl siding with some limited decorative trim. 

2.       Building Height – The maximum allowed for the district is 40 feet. 

3.       Building Setbacks – This submittal does not meet or exceed requirements for building setbacks per WCTZC 17.13-B (10)(d).  The Town has submitted an amendment to the B-5 Zoning district that would allow reduced setbacks for residential developments. If this amendment is approved the setbacks for the buildings is this development will be met.

4.       Landscaping and Screening – No landscaping plan has been submitted.  A landscaping plan will be required meeting the requirements of this zoning district and the Town’s Landscaping Ordinance.

5.       Refuse Storage – No dumpsters are shown on the site plan.  Staff anticipated individual pickup.  If a dumpster is proposed, the enclosure shall meet the requirement of the B-5 Zoning District .The B-5 district only allows enclosures to be located in the side or rear yards setback from the property lines by 20’-0”.

6.       Loading docks – No loading dock are proposed or anticipated.

7.       Utility Services – No utility services are identified by the applicant.  Services shall be including electrical, gas, and associate equipment may not be visible from roadways or neighboring properties.  The applicant needs to provide this information.

8.       Fences – No fences are proposed.  All fences require separate application and review. 

9.       Roof Mounted Equipment – No roof mounted equipment is identified.  Applicant shall identify RMEs if any exist and provide detail on how they will be screened.

10.    Open Space – The applicant is proposing 69.13% of the site to remain open and this satisfies WCTZC 17.13-B (10)(a). 

11.    FAR (Building Floor to Site Area Ratio) – The developer has not provided any information to determine the FAR on the site. Information needs to be provided to ensure that the FAR is not exceeded.  It is apparent from the information provided that that is unlikely and that the FAR would satisfy WCTZC 17.13-B (10)(b).

12.    Outside Storage – No outside storage is identified by the applicant.  All business, servicing, processing, and storage shall be conducted within completely enclosed buildings per WCTZC 17.13-B (9)(f).

Traffic

13.    Loading docks – No loading docks are shown. 

14.    Parking – Parking meets the requirements of WCTZC 17.26(3)(b).  The parking lot setbacks do not meet the WCTZC 17.13-B (4)(f)(1). 

15.    Access – The driveway curb cuts shall require a curb cut permit and require an escrow and shall meet the TOM Standard Specifications for Storm Sewer and Street Construction  Contact the Streets Department for more information.

16.    Public Roads – All roads shall be dedicated to the public and meet Town Road Specifications.

Lighting

17.    Lighting -- Lighting details shall be submitted to the Community Development Department indicating the lighting fixtures to be used on site and on the building exterior.  All fixtures are required to be direct cut-off fixtures and must be 25’ in height or less.  No wooden poles are allowed for fixture mounting.  These requirements are per WCTZC 17.13B (4)(d)(1)-(5).

Storm water and Erosion Control

18.    Storm Water and Erosion Control -  A Storm water and Erosion Control Plan shall be submitted meeting WCTZC 17.13-B (9)(g) and TOM Chapter 31 in its entirety.

General

19.    Signs – No signs are proposed.  Any signs will require separate application and review. 

20.    Accessory Structures –No accessory structures are proposed.  Any future accessory structures will require a new Town CUP.

21.    Live/Work Uses – A minimum of 20% of the residential units in this development shall incorporate provisions for commercial uses.  The uses shall be limited to commercial uses that are compatible with the building and fire code requirements for the dwelling units and all of the following criteria:

                                                                          a.      A Business License shall be required which will include a review by the Community Development. 

                                                                         b.      Uses shall be limited to B occupancy groups as defined by the IBC.  Specifically the uses shall be limited to professional offices, medical offices (non-hazardous), and business offices.

                                                                          c.      The owner and/or tenant shall occupy both the living and work areas.

                                                                         d.      The number of outside employees allowed on-site shall be limited to two (2) employees.

                                                                          e.      Hours of operation shall be limited from 8AM to 5PM.

                                                                           f.      Public use areas shall be handicap accessible.

                                                                         g.      No outside storage or displays shall be allowed.

                                                                         h.      In addition to the garage and driveway spaces, two spaces per live/work unit shall be provided.

22.    Detailed Site Plan – A detailed site plan meeting the requirements of the Town of Menasha Site Plan Review Ordinance shall be submitted, indicating the units that will be Live/Work units. Additionally, the Live/Work units should be concentrated within the development, unless every unit is intended to be a Live/Work unit.

23.    Park Improvement Fees - Park Improvement Fees and Fees in Lieu of Land shall apply at the time of the Condominium Plat per TOM Chapter 6.11 and 6.42

24.    Bike/Pedestrian Trails – A 10’-wide asphalt trail shall be constructed along Irish Road at the time of road reconstruction in compliance with Chapter 6.28 and the TOM 2003 Comprehensive Plan.  Town of Menasha assessment policies shall apply at that time.  A pedestrian trail connection and easement shall be required from the private access road to the western property line. A bike/pedestrian trail shall also be provided connecting the development to the West American Drive trail location.

Fire Protection

25.    Fire Protection – The proposed buildings are not sprinkled.  The applicant shall meet all other requirements of Town Ordinances on Fire Projection and all other applicable fire codes.

Utilities

26.    Utilities – The location of all utilities shall be submitted by the applicant.  Applicant shall meet all requirements of the Town Utility District ordinances and regulations.

 

Staff Recommendation

Staff recommends approval of this Town B-5 CUP with the following conditions:

1.       Architecture -- Architecture shall meet the requirements for WCTZC 17.13-B (10)(i)(2)(a) &/or (b).  The exterior façade shall be modified to comply with the requirements of this zoning district.  All exterior facades shall be reviewed and approved by the Planning Commission.

2.       Building Height – All structures shall meet WCTZC 17.13-B (10)(c)(1) which states that all buildings shall not exceed 40 feet in height.

3.       Building Setbacks – All structures shall meet WCTZC 17.13-B (10)(d). The buildings do not meet the present setback requirements for the B-5 zoning district.  Application has been made to Winnebago County to amend the B-5 zoning district to allow reduced setbacks.  If this amendment is approved the structures in this development will be in compliance with setback requirements.

Landscaping and Screening

4.       No landscaping plan has been submitted.  The applicant shall submit a landscape plan that complies with the Town’s Landscaping Ordinance and the B-5 Zoning District.

5.       Utility Services  –The applicant shall provide the location of services and screening to the Community Development Department.

6.       Fences – No fences are proposed for this development, Any fences require separate application and review. 

7.       Roof Mounted Equipment – Applicant shall identify RMEs if any exist and provide detail to the Community Development Department on how they will be screened per WCTZC 17.13-B (10)(f).

8.       FAR (Building Floor to Site Area Ratio) – The applicant shall provide information to determine that the FAR shall meets WCTZC 17.13-B (10)(b).

9.       Outside Storage – All business, servicing, processing, and storage shall be conducted within completely enclosed buildings per WCTZC 17.13-B (9)(f).

10.    Parking – Parking meets the requirements of WCTZC 17.26(3)(b).  The parking lot setbacks shall be modified to meet the requirements of WCTZC 17.13-B (4)(f)(1).

11.    Public Roads - All roads shall be dedicated to the public and meet Town Road Specifications.

Lighting

12.    Lighting -- Lighting details shall be submitted to the Community Development Department indicating the lighting fixtures to be used on site and on the building exterior.  All fixtures are required to be direct cut-off fixtures and must be 25’ in height or less.  No wooden poles are allowed for fixture mounting.  These requirements are per WCTZC 17.13B (4)(d)(1)-(5).

Storm water and Erosion Control

13.    Storm Water and Erosion Control - A Storm water and Erosion Control Plan shall be submitted meeting WCTZC 17.13-B (9)(g) and TOM Chapter 31 in its entirety.

General

14.    Signs – No signs are proposed.  Any signs will require separate application and review. 

15.    Accessory Structures – No accessory structures are proposed.  Any future accessory structures will require a new Town CUP.

16.    Live/Work Uses – A minimum of 20% of the residential units in this development shall incorporate provisions for commercial uses.  The uses shall be limited to commercial uses that are compatible with the building and fire code requirements for the dwelling units and all of the following criteria:

                                                               i.      A Business License shall be required which will include a review by the Community Development. 

                                                             ii.      Uses shall be limited to B occupancy groups as defined by the IBC.  Specifically the uses shall be limited to professional offices, medical offices (non-hazardous), and business offices.

                                                            iii.      The owner and/or tenant shall occupy both the living and work areas.

                                                            iv.      The number of outside employees allowed on-site shall be limited to two (2) employees.

                                                              v.      Hours of operation shall be limited from 8AM to 5PM.

                                                            vi.      Public use areas shall be handicap accessible.

                                                           vii.      No outside storage or displays shall be allowed.

                                                         viii.      In addition to the garage and driveway spaces, two spaces per live/work unit shall be provided.

17.    Detailed Site Plan – A detailed site plan meeting the requirements of the Town of Menasha Site Plan Review Ordinance shall be submitted, indicating the units that are targeted as the Live/Work units.  Additionally, the Live/Work units should be concentrated within the development, unless every unit is intended to be a Live/Work unit.

18.    Park Improvement Fees and Fees in Lieu of Land shall apply at the time of the Condominium Plat per TOM Chapter 6.11 and 6.42

19.    A 10’-wide asphalt trail shall be constructed along Irish Road at the time of road reconstruction in compliance with Chapter 6.28 and the TOM 2003 Comprehensive Plan.  Town of Menasha assessment policies shall apply at that time.  A pedestrian trail connection and easement shall be required from the private access road to the western property line. A bike/pedestrian trail shall also be provided connecting the development to the West American Drive trail location.

Fire Protection

20.    Fire Protection – The proposed buildings are not sprinkled.  The applicant shall meet all other requirements of Town Ordinances on Fire Projection and all other applicable fire codes.

Utilities

18. Utilities – The location of all utilities shall be submitted by the applicant.  Applicant shall meet all requirements of the Town Utility District ordinances and regulations.

 





[1] Abbreviation for Winnebago County/Town Zoning Code