PUBLIC HEARING: 2003 Town of Menasha Comprehensive Plan Update – Town of Menasha – Proposed Future Land Use Map Updates and Text Amendments

 

CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting Public Hearing of March 16, 2005 to order at 5:01 PM.

 

PRESENT:                     Chairperson Alvin Bellmer, Planning Commissioners Dennis Jochman, Kris Koeppe, Harold Pelton, and Michelle Schaetz.  Community Development Director George Dearborn and Associate Planner Diana Kanter.

 

EXCUSED:                    Commissioners Charles Lewis and Michael Van Dyke.

 

ALSO PRESENT:                         Paul Gavronski                     Tom Shepeck                        Kathy Gullickson

                                                        Wende Sturm                        Bob Leidl                               John Kobinsky

                                                        Mary Jo Biedermann           Marilyn Anunson                                Bruce Anunson

                                                        Ryan Mulroy                        Tom Von Neupert                John Houlihan

                                                        Ben Haupt                             Susan de Wit                        Tina Bachorz

                                                        Mark Bachorz                       Fawn Shillinglaw                  Anthony Coletti

                                                        Brian Frost                            Pat Dobberke                        April Schein

                                                        David Weber                        Melanie Ludka                      Paul Brockman

                                                        Joan Budde                           Dean Budde                          Bob Luscher

                                                        Mamie Luscher                     Larry Kubinski                      Sandy Lornson

                                                        Karen Heebner                     Raymond Hoeper                 Jim Lorrig

                                                        Jodie Lorrig                           Pat Peapenburg                    Pam Borque

                                                        Ruth Kobinsky                     Gerald Krueger                     Joe Nemecek

                                                        Jean Hesselman                    Claude Foster                       Lisa von Neupert

                                                        Kevin Heimerman Diane Heimerman Tom Vegso

                                                        Sandra Wolters                    Bruce de Wit                         Stan Martenson

                                                        Rod McCants                       Paul Eisen                              Angela Westergard

                                                        Ray Kurtz                              Carol Fredrick                       Jeff Conger

                                                        Chris Foster                          John Maas                            Dale Knaack

                                                        Guy Hegg                              Jay Schroeder

 

CDD Dearborn opened with a Power Point presentation [part of this record].

 

Chairperson Bellmer opened items for discussion.

 

CDD Dearborn went through Map 1. 

 

Pat Dobberke, 2575 Palisades Lane, asked the reason behind changing the Ettens property to the south from Industrial to Low Density Residential.

 

CDD Dearborn explained this was due to a potential airport overlay district, proximity to the Outgamie County Airport, and nearness to County Road BB.

 

Chaiperson Bellmer asked for any more questions related to Map 1.  He asked CDD Dearborn to describe Map 2.

 

CDD Dearborn introduced Map 2, as an area south of Highway 10 and west of Irish Road that was proposed by a developer for a single-family subdivision.

 

Joe Nemecek, 1992 Susan Avenue, wanted zoning around the pond as R-2, not R-5 [Item #3 on the Planning Commission Agenda].  He also voiced reservations about the Medium Density designation.

 

Ben Hawks, representing the industrial users along Specialists Avenue, wanted to make sure the Town was adequately planning their transportation routes to handle the 600 trucks per day the users along Specialists Avenue generate.

 

CDD Dearborn stated that the Town had planned for that use.

 

Kevin Heimermann, 8874 Clayton Avenue, asked for clarification on the difference between R-2 zoning, R-5 zoning, and Low Density Residential land use.

 

CDD Dearborn and Chairperson Bellmer explained the difference.

 

Mary Jo Biedermann, 1144 Kerwin Rd., asked what was going to be done about preserving trees contained in the Jacobsen Road right-of-way extension.

 

CDD Dearborn and Chairperson Bellmer stated that the issue of the trees in the right-of-way would be handled at the time of preliminary plat for the proposed single-family subdivision and that the point about tree preservation was noted.

 

Dave Weber, 1902 Susan Avenue, stated his concern about placing density near what he believed was a 13 acre detention pond.

 

CDD Dearborn stated the 13 acre pond was dug by the DOT for fill and was not an engineered stormwater pond.

 

Chairperson Bellmer asked for any more questions related to Map 1.  He asked CDD Dearborn to describe Map 3.

 

CDD Dearborn introduced Map 3, as areas that the Town had been given through grant funding for the PCB settlement for Recreational purposes along North Lake Street between Harbor Wood Lane and Harbor Light Court and 10 acres to the north of Fritse Park.

 

Melanie Ludka, 560 Harborwood Lane, had concerns about the Recreational land use, the loss of privacy for the residents along Harbor Wood Lane and Harbor Light Court, and questioned why the property could not be sold back to the residents who had interest in buying the property prior to its purchase with PCB settlement funds.  Her concerns also included those of safety.

 

CDD Dearborn explained the property was given to the Town with many limitations due to a conservation easement placed on the property.

 

AP Kanter explained the conservation easement limited development and the sale of the land back into private ownership.

 

CDD Dearborn continued stating lands bought with federal funding could not be transferred back into private ownership.

 

Jay Schroeder, 1295 North Lake Street, asked if the land in question were public, how much the land adjacent to Fritse Park was purchased for, and if the audience was aware that there was someone living at Fritse Park without paying rent.

 

CDD Dearborn stated the land was purchased by PCB settlement money, was now public, and the Park and Rec Department handled the details of leasing the Fritse Park building for office and residential use.

 

Fawn Shillinglaw, 1952 Palisades Drive, asked if a Recreational designation limited development of the properties in question.

 

CDD Dearborn and Chairperson Bellmer stated that the conservation easement limited development and not a Recreational designation.

 

Chairperson Bellmer asked for any more questions from the audience and asked CDD Dearborn to introduce Map 4.

 

CDD Dearborn introduced Map 4 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 4 and asked CDD Dearborn to introduce Map 5.

 

CDD Dearborn introduced Map 5 and described two small areas of land located at 882 Valley Road..  One area of land is to be used by the developer for a single-family home lot and the other is change is to accommodate an existing industrial driveway for access around an existing building.

 

Fawn Shillinglaw asked for clarification on the Industrial designation portion.

 

CDD Dearborn and AP Kanter gave clarification.

 

Chairperson Bellmer asked for further questions from the audience and then asked CDD Dearborn to introduce Map 6.

 

CDD Dearborn introduced Map 6 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 6 and asked CDD Dearborn to introduce Map 7.

 

CDD Dearborn introduced Map 6 describing that this designation was to recognize the conversion of land surrounding the Stroebe Marsh to Recreational as it was given to the Northeast Wisconsin Land Trust via PCB settlement funds.

 

Chairperson Bellmer asked for questions.

 

Ryan Mulroy, 160 Harry’s Gateway, asked if there were any plans to bury the transmission tower lines.

 

CDD Dearborn stated no, in fact American Transmission Company is completing soil stabilization of one its towers.

 

Chairperson Bellmer asked for questions on Map 7 and then asked CDD Dearborn to introduce Map 8.

 

CDD Dearborn introduced Map 8 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 8 and then asked CDD Dearborn to introduce Map 9.

 

CDD Dearborn introduced Map 9 describing that this designation was for clean-up to reflect the actual use of the Prairie Creek open spaces as recreational.

 

Jeff Conger, 2061 Lynn Drive, read a letter which has been made part of this record.  The letter stated the objection of the Prairie Creek Property Owners Association against the classification of its land as Recreational.

 

Chairperson Bellmer asked for questions on Map 9 and then asked CDD Dearborn to introduce Map 10.

 

CDD Dearborn introduced Map 10 describing that this designation was for clean-up to reflect the deeding of land for park in the Meadow Heights Subdivision.

 

Chairperson Bellmer asked for questions on Map 10 and then asked CDD Dearborn to introduce Map 11.

 

CDD Dearborn introduced Map 11 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 11 and then asked CDD Dearborn to introduce Map 12.

 

CDD Dearborn introduced Map 12 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 12 and then asked CDD Dearborn to introduce Map 13.

 

CDD Dearborn introduced Map 13 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 13 and then asked CDD Dearborn to introduce Map 14.

 

CDD Dearborn introduced Map 14 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 14 and then asked CDD Dearborn to introduce Map 15.

 

CDD Dearborn introduced Map 15 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 15 and then asked CDD Dearborn to introduce Map 16.

 

CDD Dearborn introduced Map 16 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 16 and then asked CDD Dearborn to introduce Map 17.

 

CDD Dearborn introduced Map 17 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 17 and then asked CDD Dearborn to introduce Map 18.

 

CDD Dearborn introduced Map 18 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 18 and then asked CDD Dearborn to introduce Map 19.

 

CDD Dearborn introduced Map 19 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 19 and then asked CDD Dearborn to introduce Map 20.

 

CDD Dearborn introduced Map 20 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 20 and then asked CDD Dearborn to introduce Map 21.

 

CDD Dearborn introduced Map 21 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 21 and then asked CDD Dearborn to introduce Map 22.

 

CDD Dearborn introduced Map 22 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 22 and then asked CDD Dearborn to introduce Map 23.

 

CDD Dearborn introduced Map 23 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 23 and then asked CDD Dearborn to introduce Map 24.

 

CDD Dearborn introduced Map 24 describing that this designation was for clean-up.

 

Chairperson Bellmer asked for questions on Map 24.

 

Chairperson Bellmer closed the Public Hearing at 6:24PM.


***TOWN OF MENASHA***

PLANNING COMMISSION MEETING

WEDNESDAY, MARCH 16, 2005 @ 5:00 PM

MUNICIPAL COMPLEX - 2000 MUNICIPAL DRIVE

 

CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting Public Hearing of March 16, 2005 to order at 6:32 PM.

 

PRESENT:                     Chairperson Alvin Bellmer, Planning Commissioners Dennis Jochman, Kris Koeppe, Harold Pelton, and Michelle Schaetz.  Community Development Director George Dearborn and Associate Planner Diana Kanter.

 

EXCUSED:                    Commissioners Charles Lewis and Michael Van Dyke.  Commissioner Harold Pelton was excused at 8:33 PM.

 

ALSO PRESENT:                         Paul Gavronski                     Tom Shepeck                        Kathy Gullickson

                                                        Wende Sturm                        Bob Leidl                               John Kobinsky

                                                        Mary Jo Biedermann           Marilyn Anunson                                Bruce Anunson

                                                        Ryan Mulroy                        Tom Von Neupert                John Houlihan

                                                        Ben Haupt                             Susan de Wit                        Tina Bachorz

                                                        Mark Bachorz                       Fawn Shillinglaw                  Anthony Coletti

                                                        Brian Frost                            Pat Dobberke                        April Schein

                                                        David Weber                        Melanie Ludka                      Paul Brockman

                                                        Joan Budde                           Dean Budde                          Bob Luscher

                                                        Mamie Luscher                     Larry Kubinski                      Sandy Lornson

                                                        Karen Heebner                     Raymond Hoeper                 Jim Lorrig

                                                        Jodie Lorrig                           Pat Peapenburg                    Pam Borque

                                                        Ruth Kobinsky                     Gerald Krueger                     Joe Nemecek

                                                        Jean Hesselman                    Claude Foster                       Lisa von Neupert

                                                        Kevin Heimerman Diane Heimerman Tom Vegso

                                                        Sandra Wolters                    Bruce de Wit                         Stan Martenson

                                                        Rod McCants                       Paul Eisen                              Angela Westergard

                                                        Ray Kurtz                              Carol Fredrick                       Jeff Conger

                                                        Chris Foster                          John Maas                            Dale Knaack

                                                        Guy Hegg                              Jay Schroeder

 

PLEDGE OF ALLEGIANCE:

 

APPROVAL OF MINUTES – February 16, 2005

 

Motion by Commissioner Pelton to approve the minutes of the February 16, 2005 Planning Commission as submitted.  Seconded by Commissioner.  Motion carries 5-0-2(excused).

 

NEW ITEMS OF BUSINESS:

 

1.        CUP – MEE Bellevue, LLC – NW Corner of E. Shady Ln. & Arena Dr. (0080131) – Proposed 106 Apartment Units in an R-5 District

 

Chairperson Bellmer asked CDD Dearborn to introduce the item.

 

CDD Dearborn gave a brief presentation.

 

Chairperson Bellmer asked for questions from the audience.

 

Bob Liedl, 777 Tumblebrook Road, addressed the Planning Commission and stated that MEE Bellevue, LLC had succeeded in addressing the five pages of concerns of the Ad Hoc Committee.

 

Discussion ensued from the Planning Commission.

 

Motion by Commissioner Jochman to approve the conditional use permit by MEE Bellevue, LLC located at the northeast corner of East Shady Lane and Arena Drive also known as parcel number 0080131 with the following conditions:

  1. The development shall be limited to 106 units with five 16-unit buildings and three 8-unit buildings.
  2. A detailed landscaping plan including species number and size shall be prepared and shall be submitted to the Community Development Department Staff for review and approval.
  3. All exterior facades and building design shall be reviewed and approved by the Community Development Department Staff.  Architectural colors and material samples shall be submitted to the Community Development Department Staff for review and approval.
  4. The applicant shall prepare a Stormwater Management and Erosion Control Plan that meets the requirements of Town of Menasha Municipal Code Chapter 31: Erosion Control and Stormwater Management.
  5. The applicant is required to enter into a Development Agreement with the Town of Menasha for the following:

a.        Left and right turn lanes along with bypass lanes shall be constructed at the East Shady Lane entrance to address the increased traffic flow this development will create on East Shady Lane.

b.       A 10 foot wide asphalt pedestrian trail shall be required on the north side of East Shady Lane for the length of the MEE Bellevue property.

c.        In lieu of immediate construction by MEE Bellevue, LLC of the left and right turn lanes and bypass lanes on East Shady Lane and the 10’ pedestrian trail provided for in numbers 5a and 5b, above, respectively, and on MEE Bellevue, LLC’s site plan (Attachment #2), at the discretion of the Town, a letter of credit from MEE Bellevue, LLC may be required for construction of said turn and bypass lanes and pedestrian trail in conjunction with construction by the Town of a pedestrian trail on the north side of East Shady Lane between American Drive and Cold Spring Road. The letter of credit would be in a sum equivalent to the cost of construction of the left and right turn lanes, bypass lanes, and pedestrian trail required hereinabove as of the date of approval of the Developer’s Agreement provided for herein.

  1. All private streets within the development shall be designed and built to the Town of Menasha Standards and Specifications for Street and Storm sewer Construction. 
  2. The applicant shall be required to provide utilities that meet the Town of Menasha Standards and Specifications for Sanitary Sewer and Water Utilities. 
  3. A six foot, maintenance-free, fence that is at least 90% opaque shall be constructed along the north and west property line except for that portion of the western property line that is adjacent to the single family home that fronts on East Shady Lane. .
  4. All exterior lighting shall be direct cut-off fixtures. Details of the lighting shall be submitted for review to the Community Development Department.
  5. All trash bins shall be located in enclosed buildings.
  6. When feasible, the Town, at its sole expense, shall construct a 10 foot wide asphalt bike/pedestrian trail on the north side of East Shady Lane from American Drive to Cold Spring Road to facilitate the increasing pedestrian and bicycle traffic along this road; provided, however, that MEE Bellevue, LLC shall be responsible for either: (a) constructing that portion of said trail within the bounds of its property as provided for in Item #5b, above, or (b) at the Town’s option, providing a letter of credit equivalent to the cost, as of the date of approval of the Developer’s Agreement provided for herein, of constructing that portion of the trail within the bounds of its property as provided for in Item #5c, above. Should the Town receive grant monies to offset the cost of constructing the 10’ wide bike/pedestrian trail between American Drive and Cold Spring Road, MEE Bellevue, LLC shall be entitled to a share of the grant monies to offset its cost to construct said trail upon its property.  The share of grant monies due MEE Bellevue, LLC shall be computed by multiplying the total grant monies received by the Town by a fraction, the numerator of which is the lineal footage of the trail constructed upon the MEE property and denominator of which is the lineal footage of entire trail between American Drive and Cold Spring Road.  If MEE Bellevue, LLC has already constructed the trail upon its property as provided for in item no. 5b above it shall be entitled to reimbursement of its proportionate share of the grant monies within 30 days of receipt of the grant monies by the Town.  If, as provided in item no. 5c, above, shall be reduced by the amount of the grant monies due MEE Bellevue, LLC as computed hereunder.
  7. All construction traffic shall enter and exit off of East Shady Lane.
  8. The applicant shall prepare a detailed site plan detailed site plan shall be substantially similar in layout to the site plan attached to this memo and identified as Attachment 2.  The detailed site plan shall meet the specifications of Town of Menasha Municipal Code Chapter 6, and Winnebago County/Town Zoning Ordinance Chapter 17.08, and all other conditions of approval of the Conditional Use Permit.  The applicant shall submit said site plan along with an application and the appropriate fees to the Community Development Department.
  9. The applicant shall comply with all other local, state, and federal regulations.

 

Seconded by Commissioner Pelton.  Motion carries 5-0-2(excused).

 

2.        CUP – Golf Bridge Apartments II LLC – NE End of Golf Bridge Dr. (008026406 & 008026407) – Proposed 44 Condominium Units in an R-5 District

 

Chairperson Bellmer asked CDD Dearborn to introduce the item.

 

CDD Dearborn gave a brief presentation.

 

Chairperson Bellmer asked for questions from the audience.

 

Larry Kobinsky, 1726 Mill Pond Lane, asked why the fence proposed by the applicant did not extend to his southern property line.

 

John Maas, the applicant’s engineer, stated he had discussed that with Brendan Sullivan and the owner was willing to extend the fence.

 

Paul Gavronsky, 764 Saddlebrook Court, president of the Golf Village Property Owners Association stated that the apartments versus condominiums was a positive change, but the neighbors have not had time to adjust to the new proposal.  The neighbors were concerned about the fencing in of the property and that the 2-story condominiums would look like a wall.

 

Lisa von Neupert, 748 Blackmoor Circle, was concerned that the buildings were placed to close together.

 

Jim Lorrig, 1768 Mill Pond Lane, questioned the location of High Density Residential next to Low Density Residential.

 

Chairperson Bellmer conversely questioned why Low Density Residential would be next to High Density Residential as the apartment project was proposed prior to the Golf Village Subdivision.

 

John Kobinsky, 857 Mill Pond Lane, asked if the fence could be replaced with a landscaped berm.

 

Paul Gavronsky, 764 Saddlebrook Court, stated the proposal did not meet the 30 foot setback between buildings.

 

Karen Heebner, 1740 Mill Pond Lane, asked about drainage and elevation of the proposed units.

 

John Maas stated the buildings would potentially be 2-3 feet higher and may need some fill brought in to raise the buildings to match the existing neighborhood and to make the site drain properly.

 

Karen Heebner asked why the dumpsters at the existing Golf Bridge Apartments were not enclosed.

 

CDD Dearborn stated that the development was constructed prior to current Town procedures and the Town could not legally retroactively enclose the dumpsters for the existing development.

 

Motion by Commissioner Pelton to approve the conditional use permit by Golf Bridge Apartment II located at the northeast end of Golf Bridge Drive known as parcel number 008026406 & 008026407 with the following conditions:

 

  1. The applicant shall be required to submit and receive approval for a Certified Survey Map conveying land on parcel number 00802640601 to parcel number 008026406 and shall be required to combine parcel numbers 008026406 and 008026407.  The Certified Survey Map shall include the following:

a.        An ingress and egress easement shall be provided across parcel number 00802640601.

b.       A cross access easement shall be provided for that portion of parking lot that is being conveyed from parcel 00802640601 to 008026407 and/or a parking plan that meets the requirements of the Winnebago Town/County Zoning Ordinance Chapter 17.26 Traffic and Parking Regulations.  This easement and verification that the removal of pavement will not adversely affect parking at the Golf Bridge Apartments shall be submitted to the Community Development Department for review and action.

2.        The applicant shall submit and receive approval for a Preliminary and Final Condominium Plat that conforms to Town of Menasha Municipal Code Chapter and Winnebago County Land Division Ordinance.

3.        Subject to the approval Conditions #1 and Condition #2 above:

a.        The development shall be limited to 44 units and five eight-unit buildings and one four-unit building.

b.       The applicant shall prepare a detailed site plan substantially similar in layout to the site plan submitted with the conditional use permit that shall meet the specifications of Town of Menasha Municipal Code Chapter 6, the requirements of the Winnebago County/Town Zoning Ordinance Chapter 17.08, and all other conditions of approval of the Conditional Use Permit.  The applicant shall submit said site plan along with an application and the appropriate fees to the Community Development Department.

c.        A detailed landscaping plan including species number and size shall be prepared and shall be submitted to the Community Development Department for review and approval.

d.       The applicant shall provide the details of the facades including samples and design of the buildings shown in this application to the Community Development Department for review and action by the Town Planning Commission.  Architectural colors shall be varied from building to building and shall be limited to an earth tone palette that shall be reviewed and approved by the Town Planning Commission. 

e.        The applicant shall submit state approved building and floor plans to the Community Development Department for review prior application for building permits.

f.         The applicant shall prepare a Stormwater Management and Erosion Control Plan that meets the requirements of Town of Menasha Municipal Code Chapter 31: Erosion Control and Stormwater Management.  This along with the appropriate fees shall be submitted to the Community Development Department. The plan shall also be submitted to the Town’s Engineer at McMahon Associates, Inc.

g.       The applicant shall be required to provide utilities that meet the Town of Menasha Standards and Specifications for Sanitary Sewer and Water Utilities.  Details shall be provided to the Community Development Department.

h.       All requirements of the Fire Department for fire protection shall be met, including but limited to:

i.         A fire hydrant is required a minimum of every 300 feet.

a.        A 6’ cedar wood fence that is at least 90% opaque shall be constructed along the north, west, and east property lines.

j.         All exterior lighting shall be direct cut-off fixtures. Details of the lighting shall be submitted for review to the Community Development Department.         

k.        The applicant shall comply with all other local, state, and federal regulations.

 

Motion withdrawn by Commissioner Pelton.

 

Motion by Commissioner Jochman to approve the conditional use permit requested by Golf Bridge Apartments II, LLC located at the northeast end of Golf Bridge Drive known as parcel number 008026406 & 008026407 amended with the following conditions:

 

  1. The applicant along with Community Development staff shall work together in regards to the screening.  Wherein no consensus is reached as determined by Community Development staff, the proposal shall come back before the Planning Commissioner for resolution.
  2. The applicant shall be required to submit and receive approval for a Certified Survey Map conveying land on parcel number 00802640601 to parcel number 008026406 and shall be required to combine parcel numbers 008026406 and 008026407.  The Certified Survey Map shall include the following:

a.        An ingress and egress easement shall be provided across parcel number 00802640601.

b.       A cross access easement shall be provided for that portion of parking lot that is being conveyed from parcel 00802640601 to 008026407 and/or a parking plan that meets the requirements of the Winnebago Town/County Zoning Ordinance Chapter 17.26 Traffic and Parking Regulations.  This easement and verification that the removal of pavement will not adversely affect parking at the Golf Bridge Apartments shall be submitted to the Community Development Department for review and action.

3.        The applicant shall submit and receive approval for a Preliminary and Final Condominium Plat that conforms to Town of Menasha Municipal Code Chapter and Winnebago County Land Division Ordinance.

4.        Subject to the approval Condition #1, Condition #2, and Condition #3 above:

a.        The development shall be limited to 44 units and five eight-unit buildings and one four-unit building.

b.       The applicant shall prepare a detailed site plan substantially similar in layout to the site plan submitted with the conditional use permit that shall meet the specifications of Town of Menasha Municipal Code Chapter 6, the requirements of the Winnebago County/Town Zoning Ordinance Chapter 17.08, and all other conditions of approval of the Conditional Use Permit.  The applicant shall submit said site plan along with an application and the appropriate fees to the Community Development Department.

c.        A detailed landscaping plan including species number and size shall be prepared and shall be submitted to the Community Development Department for review and approval.

d.       The applicant shall provide the details of the facades including samples and design of the buildings shown in this application to the Community Development Department for review and action by the Town Planning Commission.  Architectural colors shall be varied from building to building and shall be limited to an earth tone palette that shall be reviewed and approved by the Town Planning Commission. 

e.        The applicant shall submit state approved building and floor plans to the Community Development Department for review prior application for building permits.

f.         The applicant shall prepare a Stormwater Management and Erosion Control Plan that meets the requirements of Town of Menasha Municipal Code Chapter 31: Erosion Control and Stormwater Management.  This along with the appropriate fees shall be submitted to the Community Development Department. The plan shall also be submitted to the Town’s Engineer at McMahon Associates, Inc.

g.       The applicant shall be required to provide utilities that meet the Town of Menasha Standards and Specifications for Sanitary Sewer and Water Utilities.  Details shall be provided to the Community Development Department.

h.       All requirements of the Fire Department for fire protection shall be met including but limited to:

i.         A fire hydrant is required a minimum of every 300 feet.

a.        A 6’ cedar wood fence that is at least 90% opaque shall be constructed along the north, west, and east property lines.

j.         All exterior lighting shall be direct cut-off fixtures. Details of the lighting shall be submitted for review to the Community Development Department.         

k.        The applicant shall comply with all other local, state, and federal regulations.

 

Seconded by Commissioner Pelton.  Motion carries 5-0-2(excused).

 

3.        REZONING –Peapenburg, Budde, Sawall, & Meyer – Clayton Ave./Jacobsen Rd. (0080215, 0080216, 008055204, 0080552, 008054506, 008054507, 0080543, & 0080550) – Proposed Rezoning from A-2/R-1 to R-1/R-2/R-5

 

Chairperson Bellmer asked CDD Dearborn to introduce the item.

 

CDD Dearborn gave a brief presentation.

 

Chairperson Bellmer asked the developer to introduce the item.

 

Tom Shepeck of Centrum Development and Wil Kottler of Davel Engineering introduced the project. 

 

Commissioner Bellmer asked if Lot 2 of Item #4 should be rezoned to R-2.

 

AP Kanter related that she had not seen it as a part of the application which was forwarded to the Town by Winnebago County Planning and Zoning.

 

Wil Kottler presented the application write-up to the Commission and pointed to the omitted R-2 designation.

 

AP Kanter apologized.

 

Chairperson Bellmer addressed the audience and asked if there were any questions.

 

Dave Weber, 1902 Susan Avenue, stated her concerns related to traffic safety and school crowding.

 

Tom Shepeck stated that the Town had estimates for the completion of $1.8 million for the extension of Jacobsen Road, which included the sewer, water, and trail on the north side of the proposed extension.

 

Kevin Heimerman, 8874 Clayton Avenue, stated the trail on the north side would be an improvement.  He also stated his concerns regarding the R-5 zoning proposed adjacent to his property.

 

Mamie Luscher, 1956 Susan Avenue, presented a petition with 74 names to the Planning Commission.

 

Joe Nemecek, 1992 Susan Avenue, stated the petition asked for single-family north of the proposed Jacobsen Road extension.  He also expressed concern that the removal of trees would increase noise in an area that was already experiencing higher levels of noise.  Mr. Nemecek also spoke of drainage flows through the area.

 

Tom Shepeck addressed the concerns of the road and the drainage.

 

Mary Jo Biedermann, 1144 Kerwin, stated her concerns about the R-5 zoning and the street extension.

 

Dean Budde, 8892 Clayton Avenue, said the school district some 30 years ago bought land from the Grundmans, but wanted to trade it for 15 acres on the southwest end of the property and 50 acres on the southwest corner of Irish Road and West American Drive.  The Town as a condition required 50 feet of right-of-way to be deeded to the Town.  He also contested Mr. Nemecek’s account of area drainage.

 

Chairperson Bellmer made a recommendation to defer action on the rezoning request of Peapenburg, Budde, Sawall, & Meyer to the April 20th, 2005 Planning Commission Agenda, so that action can be taken on the 2005 Update to the 2003 Town of Menasha Comprehensive Plan and on the Sewer Service Area Update proposed by the East Central Wisconsin Regional Planning Commission. 

 

Seconded by Commissioner Schaetz.  Motion carries 4-0-3(excused).

 

4.        CSM – Richard & Patricia Peapenburg – 8936 Clayton Ave. (0080215 & 0080216) –  Proposed 3-Lot Land Division

 

Chairperson Bellmer asked CDD Dearborn to introduce the item.

 

CDD Dearborn gave a brief presentation.

 

Chairperson Bellmer asked the audience for questions.

 

Motion by Chairperson Bellmer to approval the Certified Survey Map for Richard and Patricia Peapenburg located at 8936 Clayton Avenue also known as parcel numbers 0080215 and 0080216 based on the above findings and with the following conditions:

  1. The proposed 2005 update to the 2003 Town of Menasha Comprehensive Plan shall be approved prior to the signing of the Certified Survey Map.
  2. The Sewer Service Area Update proposed by East Central shall be approved prior to the signing of the Certified Survey Map.
  3. The Surface Water Drainageway District may be removed from the face of the Certified Survey Map.

 

Seconded by Commissioner Jochman.  Motion carries 4-0-3(excused).  Commissioner Pelton was excused at 8:33PM.

 

 

5.        CSM – Dean & Joan Budde – 8892 Clayton Ave. (008055204 & 0080552) – Proposed 4-Lot Land Division

 

Chairperson Bellmer asked CDD Dearborn to introduce the item.

 

CDD Dearborn gave a brief presentation.

 

Chairperson Bellmer asked the audience for questions.

 

Motion by Chairperson Bellmer to approve the Certified Survey Map for Dean and Joan Budde located at 8892 Clayton Avenue also known as parcel numbers 008055204 and 0080552 based on the above findings and with the following conditions:

  1. The proposed 2005 update to the 2003 Town of Menasha Comprehensive Plan shall be approved prior to the signing of the Certified Survey Map.

2.        The Sewer Service Area Update proposed by East Central shall be approved prior to the signing of the Certified Survey Map.

3.        The setbacks for the existing single-family home shall be labeled on the face of the Certified Survey Map.

 

Seconded by Commissioner Jochman.  Motion carries 4-0-3(excused).

 

6.        PRELIMINARY PLAT – The Reserve at Anunson Creek – S. of 2158 Irish Rd. (0080199 & 0080201) – Proposed 64-Lot Subdivision

 

Chairperson Bellmer asked CDD Dearborn to introduce the item.

 

CDD Dearborn gave a brief presentation.

 

Chairperson Bellmer asked the audience for questions.

 

Motion by Chairperson Bellmer to defer to the April 20th, 2005 Planning Commissioner the proposed 64-lot preliminary plat proposed by Mark Winter located south of 2158 Irish Road also known as parcel number 00800201 and 0080194 for the following reasons:

1.        Per State Statutes 236.14(4) LAKE AND STREAM SHORE PLATS. “The lands lying between the meander line, established in accordance with s. 236.20 (2) (g), and the water’s edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water’s edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or stream. This subsection applies not only to lands proposed to be subdivided but also to all lands under option to the subdivider or in which the subdivider holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or stream.”  The subdivider has interest and options in parcel numbers 0080196, 0080199, 0080194 in addition to parcel number 0080201 wherein a majority of the preliminary plat lies.  The applicant shall submit a preliminary plat that conforms to the requirements of State Statutes 236.14(4).

2.        Per Chapter 6.20 (2)(d)(1) Preliminary plats “Must show the location and dimensions of (1) “Existing, planned and proposed streets, public facilities or land, easements and other such features.” And (2) “Facilities or land offered for dedication or reserved for public or other use as indicated.” The applicant shall show the 4.3 acres of parkland (3 acres active parkland north of the creek on the western edge of the property and 1.36 acres credit for the trail) recommended by the Park Committee on 1/12/05.

3.        Per the International Fire Code D107.1: “Developments of one or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3.”  D104.3 states, “Where two access roads are required they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.”  A second access is required 750 feet from the Wasilla Lane access and shall be shown on a preliminary plat that conforms to the requirements of the International Fire Code.

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

5.        The 75 foot building setback shall be shown as Environmental Corridor and 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.” This is a requirement of Town of Menasha Municipal Code Chapter 6.22(1)(a).

 

Seconded by Commissioner Schaetz.  Motion carries 4-0-3(excused).

 

7.        CSM – Pat Gambsky – 2213 Palisades Dr. (0081071 & 0081072) – Proposed Lot Combination

 

Chairperson Bellmer asked CDD Dearborn to introduce the item.

 

CDD Dearborn gave a brief presentation.

 

Chairperson Bellmer asked the audience for questions.