WEDNESDAY, JANUARY 18, 2006 at 5:00 PM



CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting of January 18, 2006 to order at 5:00 PM.



PRESENT:       Chairperson:                 Alvin Bellmer

Commissioners:            Dennis Jochman            Harold Pelton               Kris Koeppe
Terry Buck                   Michelle Schaetz           Michael Van Dyke

Staff:                            George Dearborn, Community Development Director

Mark Mommaerts, Associate Planner

Mike Kading, Park & Recreation Director



EXCUSED:      None



ABSENT:        None



ALSO PRESENT:       Ernest Williams Steven Gillis                  Don Castonia               Bob Reider

                                    Bill Krull                       Bob Srnka                    Linda Srnka                  Pat Gambsky

                                    Mary McCarry Craig McCarry Rob McCarry               Pam Mueller

                                    Bob Liedl                     Ed Kumbier                  Ron McCarry               Pat Van Abel






APPROVAL OF MINUTES – December 14, 2005

The minutes of December were reviewed.  Motion by Chairperson Beller, seconded by Commissioner Pelton to approve the minutes of the December 14, 2005 meeting.  Motion carried unanimously.




  1. Rezoning – Steven & Rosemary Olson – East of 6925 County Road BB – 008-0178 & 008-0178-01

Department of Community Development Director George Dearborn introduced the item and explained that concerns from residents regarding noise and visual impacts can be addressed during the site plan review process to protect adjacent properties.


Bill Krause of County Road BB expressed concern that vegetation removal has begun on site and that wetlands are being filled in.


Director Dearborn explained that the Town has received a letter from the Department of Natural Resources stating that the streams on site are non-navigable and that the site plan review process will identify all wetlands on site.


Steven Gillis, attorney representing the Srnka’s, stated that the Future Land Use map identifies this area as industrial, not M-2 (Heavy Industrial), and that the M-1 (Light Industrial) is suitable for adjacent residential uses not M-2 because the code has a 600-foot provision between residential and heavy industrial zoned areas.  He asked what the plans were for the site and how a decision can be made without a site plan.  He also stated that the Future Land Use map is advisory not mandatory.  He inquired about how the company owner will relate and react to complaints and issues from his client regarding the truck terminal.  He stated that the proposed use will affect his client’s family and property value and that conditioning the use during the rezoning is easier than after the property is rezoned.  He stated that his clients are willing to sell their property to the larger site to avoid constant complaints and nuisances and that he recommends a denial or delay until the residential use is eliminated.


Chairperson Bellmer asked Director Dearborn to provide an overview of the M-2 district and the 600-foot provision.


Director Dearborn stated that M-2 is heavy industrial and the code restricts impacts of M-2 use on neighboring parcels.  He also stated that the residential use can be protected during the site plan review process.  He stated that County Road BB is all ready a major truck route.  Hearing for the Future Land Use map were held and the owner of the residential site did not express concern about the industrial use.  The 600-foot provision is in the code so that certain industrial uses (listed in the zoning code) are located further than 600-feet from residential areas, not including parking and landscaping.


Chairperson Bellmer asked if a truck terminal was heavy industrial.


Director Dearborn replied that it is.


Ernest Williams of Roehl Trucking stated that the rezoning is a condition of the offer to purchase and that M-2 zoning is needed because of outdoor truck parking and that the operation is not a manufacturing plant but a loading facility.  He stated that a proposal to buy the residence was submitted but he cannot make the call to purchase and that the company would not gain much in terms of use by buying the property.  He also stated that without the rezoning, there is not project, which is a $4 million project.


Pam Mueller of County Road BB asked the applicant if they were buying Steve and Rosemary’s house.


Mr. Williams replied that they are and it would be converted into an industrially usable building or torn down.


Commission Schaetz asked if the company was a truck load carrier and about the hours of operation.


Mr. Williams responded that it is similar to the Kaukauna property which is leased and that it is a truck load carrier, not refrigeration.  He stated that the hours of operation are 24-hours a day.


Mr. Gillis asked how many trucks would be at the site and if there would be driver training and parking.


Mr. Williams responded that the company has 1,500 trucks and that about 30 trucks per day on average would come and go at this site.  He also stated that there would be outside storage of trailers and no drive training is proposed at this time.


Chairperson Bellmer asked if Roehl was going to use the whole site.


Mr. Williams stated that they are buying Lot 1 and Lot 2 of the CSM and the 19-acres is sufficient for their operations and that they may sell the other 17-acres at a later date.


Rob McCarry of Parkland Drive asked if storage of trailers is considered a use and not parking and that this use would add traffic to the area.  He also had concerns about lights, noise, smoke and the hours of operation.


Chairperson Bellmer asked about the 600-foot provision.


Director Dearborn responded that trucking is not specified in the list of uses.  He also stated that staff would like the industrial use to purchase the residential property, but staff cannot require that to happen.  Also, staff will mandate heavy landscaping and screening to protect the residential use.


Mr. Williams stated that an average of 30 trucks per day does not mean 30 trucks per day more on County Road BB since most of their trucks all ready use that road.


Craig McCarry of Fieldcrest Drive asked how this would affect the residential property.


Chairperson Bellmer stated that the commission has no leverage to require the industrial use to buy the property. 


Mr. McCarry of Fieldcrest Drive stated that it is not fair to step on this 11-year property owner and that a house should not be left in the middle of an industrial area.


Pat Van Abel of Commercial Horizons, representing the Olson’s, stated that this area has scatted residential and that if this use isn’t allowed in the industrial designation by the Future Land Use map, then what uses are allowed.  He also stated that this development will not add much more traffic to County Road BB, but the more traffic there is, the faster this area will develop.  He stated that the same process was used to rezone the Ogden property and that it will be difficult to market this area in the future if there are concerns that property won’t get the industrial zoning.


Mr. Gillis stated that the 600-foot provision applies to outside storage areas and that the rezoning can be approved with conditions and one of the conditions should be that the residential property be eliminated.


Mr. Williams stated that Roehl Trucking is a family owned operation that has received an award in its Gary, IN plant for being a good neighbor.


Chairperson Bellmer asked how many residences are in the area that the Future Land Use map designates as industrial.


Director Dearborn responded about 15 residences.


Chairperson Bellmer stated that if the residential property does not become part of this development, then it will sit for a long time.


MOTION: Chairperson Bellmer, seconded by Commissioner Pelton, to deny the rezoning.


Director Dearborn expressed concern over the denial, stating that the seller has rights and that the Commission should explore a justification for denial because the Future Land Use map indicated industrial.


Commissioner Schaetz asked if residents were willing to sell or if they would like to stay their homes.


Mr. Krause responded that no one offered to purchase his property.


Mr. Van Abel responded that Mr. Krause’s property is approximately 2-acres and is marketable for an industrial site and that the Commission should not require Roehl to purchase every property.


Mr. McCarry of Fieldcrest Drive stated that some other development will come along.


Mr. Van Abel stated that the marketability of this property goes down if the rezoning is denied.


Commissioner Koeppe stated that this is similar to spot zoning concerns.


Director Dearborn expressed concern that if denied, multi-million dollar projects could be held up by one property owner and that the Town cannot condition a rezoning.


Chairperson Bellmer withdrew his motion to deny, as did Commissioner Pelton.


MOTION:  Chairperson Bellmer, seconded by Commissioner Pelton to delay for 30-days the rezoning so that resident concerns can be resolved.  Motion carried unanimously.


  1. Preliminary Plat – Fieldcrest Developers, LLP – Airport Grove, 829 & 833 Airport Road – 008-0353-05 & 008-0353-09

Department of Community Development Director George Dearborn introduced the item.  He stated that originally staff recommend a delay, but additional information was give so staff recommends approval.


Don Castonia of Airport Road stated he had seen a map that extended 15th Street east to Mayer Street and asked if this is planned or not.


Director Dearborn responded that extending 15th Street to Mayer Street is not an officially mapped road.


Mr. Castonia asked about the properties just west of this and that his is not opposed to this development.


Bob Reider of Carow Surveying responded that those parcels are owned by Badger Highway.


Commissioner Jochman asked if staff is recommending a delay or approval.


Director Dearborn replied that staff is recommending approval based on revised plans submitted addressing the detention ponds.


MOTION:  Commissioner Jochman, seconded by Commissioner Pelton to approve the Preliminary Plat with staff conditions.


Commissioner Schaetz asked if there is any activity on the site.


Mr. Reider responded that 5 buildings have been demolished and the 6th will be tomorrow.


Commissioner Schaetz asked if there were any options that worked the existing trees into the development and if there was consideration of placing the road in the clearing were there are no trees.


Mr. Reider responded that most of the trees are scrub brush and that the widths of the lots and setbacks were the factors determining the location of the street.


Commissioner Schaetz asked if our own standards are limiting developers.


Pat Gambsky of Fieldcrest Developers stated that shorter front yard setbacks and smaller street widths would help.


Director Dearborn stated that the Town could look at smaller street widths, but not setbacks because of County Zoning.


Motion carried 6-0-1 (Commissioner Pelton).


  1. Rezoning – Fieldcrest Developers, LLP – Airport Grove – 829 & 833 Airport Road – 008-0353-05 & 008-0353-09

Department of Community Development Director George Dearborn introduced the item.


Bob Liedl of Tumblebrook Road stated that the property borders an M-2 (Heavy Industrial) site, similar to the first item.


Chairperson Bellmer stated that it is similar.


MOTION:  Commissioner Jochman, seconded by Commissioner Van Dyke to approve the rezoning.  Motion carried unanimously.


  1. Text Amendment – Park & Open Space Plan

Department of Community Development Director George Dearborn introduced the item and explained that it is for grant purposes.


Chairperson Bellmer asked if items C & H were the same.


Director Dearborn responded that they are different pavilions.


Commissioner Schaetz recommended that the language in item F be added to read Replace deteriorating seawall and boat landing and consider alternatives to seawall for shoreland protection.


MOTION:  Commissioner Pelton, seconded by Commissioner Schaetz to approve the text amendment to the Park & Open Space Plan with the revision of language by Commissioner Schaetz.  Motion carried unanimously.


  1. Text Amendment – Airport Zoning District of the Winnebago County Town/County Zoning Ordinance

Department of Community Development Director George Dearborn introduced the item.


Chairperson Bellmer asked if this ordinance was a drastic change from the original.


Director Dearborn responded no and that a majority of Towns needs to approve zoning changes.


Commissioner Koeppe asked if the Outagamie County Airport would have input from the Town.


MOTION:  Commissioner Buck, seconded by Commissioner Van Dyke to approve the Text Amendment as submitted.  Motion carried unanimously.


  1. Text Amendment – Update Goals and Objectives of the 2003 Town of Menasha Comprehensive Plan

Department of Community Development Director George Dearborn introduced the item and explained it is time for the annual review of the goals, objectives and policies and that one area of improvement could be addressing a wider range of income for housing.


Commissioner Schaetz stated that the Town has had success working with adjacent communities.


Commissioner Jochman stated that the Town does a good job of getting information out and considering the effects of decisions outside of Town Boundaries.


Commissioner Koeppe asked if the Plan Commisison could suggest that the Town Board look into incorporation.


Commissioner Jochman stated that the Town is running out of land.


Director Dearborn stated that the Town’s population is over 17,000.


No action was taken on this item at this meeting.




            None for this meeting.




  1. Development Report – Current projects included Cottagewood Condos, Palisades Condos, Jacobsen Meadows Subdivision, Winding Creek Estates Subdivision, retail in the Gateway Square, a convenience store and Stepping Stones Daycare resubmittal.
  2. Building Permit Report & Cost Benefit Analysis

The cost-benefit table for December shows that the value for 2005 was close to 2004.





None for this meeting.




Commissioner Pelton announced that he will be resigning from the Plan Commission after this meeting.


Chairperson Bellmer expressed thanks from the Commission for his years of service.


MOTION:  Commissioner Pelton, seconded by Commissioner Van Dyke to adjourn the meeting of January 18, 2006 at 7:09 PM.  Motion carried unanimously.





Mark J. Mommaerts

Recording Secretary