Date:      May 9, 2006

To:          Town Planning Commisison Members

From:     Department of Community Development Staff

RE:          Agenda Item 4 – Town B-5 Conditional Use Permit – Retail Center on CB & West American Dr.


The applicant is proposing a 26,300-square foot, 2-story retail center for 1395 West American Drive, the southeast corner of County Road CB and West American Drive.  The project is being developed for commercial lease space including a restaurant, sports bar, retail and office (2nd floor).  One tenant has been identified as Tom’s Drive In.  There are wetlands on the south side of the property.


Exterior building materials include stone, masonry, brick and EFIS.  Currently, one drive-thru lane is proposed on the south end, with an option of adding a second drive-thru land in the future.  The applicant is also proposing a 5-foot wide concrete sidewalk along West American Drive, with a pedestrian connection through the parking lot to the building. 

Findings of Fact

·         Staff finds that this Town B-5 Conditional Use Permit complies with the Town of Menasha’s Chapter 30 Comprehensive Plan and Winnebago County Town/County Zoning Ordinance.

Staff Recommendation                            

Staff recommends conditional approval of this Town B-5 Conditional Use Permit with the following conditions:

·         A landscaping Plan be submitted to and approved by the Department of Community Development

·         A 5-foot concrete sidewalk shall be constructed along West American Drive with a pedestrian connection from the sidewalk to the building.

·         All roof-top mechanical equipment shall be screened from view from traffic on Hwy 10.

·         The applicant shall submit to Community Development the uses of the tenant spaces for staff review of appropriateness in the zoning district.  Uses deemed questionable by staff shall be brought before the Plan Commission for approval.

·         If the drive-thru intends to use speakers then they shall be designed to not direct any sound to the adjacent properties.  No sound from the operations of any speakers used at the drive thru, or for any other purpose, shall be heard beyond the property lines.  For the purpose of enforcement, any decibel reading taken at the property lines of the development shall not exceed the ambient decibel readings found at the property lines.

·         Detailed Site Plan – A detailed site plan meeting the requirements of the Town of Menasha Site Plan Review Ordinance & WCTCZO Chapter 17.13-B shall be submitted to the Community Development. The proposal must meet WCTCZO Chapter 17.13-B in its entirety including the following:



·   Elevations – All architectural facades shall meet WCTCZO 17.13-B.  Architectural elevations, floor plans, material samples, and color samples shall be submitted to the Department of Community Development for approval and shall meet WCTCZO 17.13-B in its entirety. 

·   Setbacks – All buildings shall meet the required setbacks per WCTCZO Chapter 17.13-B.


Landscaping and Screening

·   Landscaping – A landscaping plan shall be submitted by the applicant that meets or exceeds the standards of the Town of Menasha Municipal Code Chapter 29 and WCTCZO Chapter 17.13-B. 

·   Refuse Storage – Dumpster enclosures shall meet WCTCZO Chapter 17.13-B and shall be submitted to the Department of Community Development.

·   Services – Air conditioning, gas and electric units shall be identified and screened.

·   Fences – No fences are identified.  All fences require separate application and review. 

·   Roof Mounted Equipment –  Applicant shall identify RMEs, if any exist, and provide detail on how they will be screened from view.

·   Open Space – The applicant shall meet WCTCZO 17.13-B regarding 30% open space. 

·   FAR (Building Floor to Site Area Ratio) – The applicant shall meet the requirement for FAR per WCTCZO 17.13-B and submit information to determine the FAR on the site.

·   Outside Storage –No outside storage of materials shall be allowed.  All business, servicing, processing, and storage shall be conducted within completely enclosed buildings per WCTCZO 17.13-B.


Traffic and Access

·   Parking – Parking shall meet the requirements of WCTCZO 17.26 and 17.13-B.

·   Access – Driveway curb cuts shall require an excavation permit and escrow through the Street Department.


Streets and Improvements

·   Improvements – All improvements shall meet the Town of Menasha Standard Specifications for Storm Sewer and Street Construction.



·   Lighting – All fixtures including exterior building fixtures shall be direct cut-off fixtures.  Lighting requirements shall meet WCTCZO 17.13-B.


Stormwater and Erosion Control

·   Stormwater and Erosion Control – A Stormwater and Erosion Control Plan shall meet WCTCZO 17.13-B and Town of Menasha Municipal Code Chapter 31 in its entirety.



·   Signs –  Any proposed signs require separate application and review. 

·   Accessory Structures – Any future accessory structures or additions will require a new Town B-5 Conditional Use Permit.

·   Radio and Television Antennas – No antennas are indicated.  Radio and Television Antennas shall meet WCTCZO 17.13-B.

·   Satellite Dishes – No satellite dishes are indicated.  Satellite dishes shall meet WCTCZ 17.13-B.

·   Noxious uses - Uses that are offensive due to odor, smoke, fumes, dust, noise, vibration, radioactive emissions, pollution, or excessive danger of fire or explosion shall not be allowed, per WCTCZO 17.13-B.


Fire Protection

·   Fire Protection – The applicant shall meet all requirements of Town Ordinances on Fire Projection and all other applicable fire codes.



·   Utilities – The location of all utilities shall be submitted by the applicant.  The applicant shall meet all requirements of the Town of Menasha Utility District Ordinances and Regulations.