***TOWN OF MENASHA***

PLANNING COMMISSION MEETING

WEDNESDAY, APRIL 19, 2006 at 5:00 PM

MUNICIPAL COMPLEX - 2000 MUNICIPAL DRIVE

 

CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting of April 19, 2006 to order at 5:00 PM.

 

 

PRESENT:       Chairperson:                 Alvin Bellmer

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

Staff:                            George Dearborn, Community Development Director

Mark Mommaerts, Associate Planner

 

 

EXCUSED:      None

 

 

ABSENT:        1 Commissioner position is vacant

 

 

ALSO PRESENT:       Mike Blank                  Jerry Porsche               Bruce Anunson

Marilyn Anunson          Ron Torrance               Joe Nemecek  

Rick Nowak                 Rod Tinberg                 Jeff Kellner

Dan Grady                   John Davel                  

 

 

PLEDGE OF ALLEGIANCE:

 

APPROVAL OF MINUTES – March 15, 2006

The minutes of March were reviewed.  Commissioner Van Dyke noticed that there is a typo on page three of “drive-thru”.  Motion by Chairperson Bellmer, seconded by Commissioner Van Dyke to approve the minutes of the March 15, 2006 meeting.  Motion carried unanimously.

 

COST BENEFIT ANALYSIS

The cost-benefit table for March shows that there is a positive cost-benefit.

 

 

 

 

 

 

 


 

 

 

Chairperson Bellmer moved Old Business Item 13, up the agenda to discuss with New Business Item 1.

 

OLD ITEMS OF BUSINESS:

  1. Rezoning – Bruce Anunson – 2158 Irish Road – 008-0194 & 008-0201

Department of Community Development Director George Dearborn introduced the item by stating that the present zoning is R-2 (Suburban Residential), which does not allow the amount of out buildings the applicant has, and the requested zoning is R-5 (Planned Residential).

 

Bruce Anunson of Irish Road stated that he is willing to move the fuel storage tanks off the property and that he is looking for approval of the CUP and rezoning so he can keep the farm buildings and that all of his farm equipment will be stored inside.

 

Director Dearborn stated that the fuel tank can stay on the property.

 

Chairperson Bellmer asked if the property was sold, would the out buildings then become non-conforming.

 

Director Dearborn stated that was correct and that the new owner might not necessarily have to tear them down at that time, it will depend on the current zoning.

 

MOTION:  Chairperson Bellmer, seconded by Commissioner Van Dyke to approve the rezoning with the following conditions: 

 

Commissioner Jochman asked about the detention ponds and the easements.

 

Director Dearborn stated that the easements will follow the property if the property is sold.

 

Motion carried unanimously.

 

NEW ITEMS OF BUSINESS:

  1. Conditional Use Permit – Bruce Anunson 2158 Irish Road – 008-0194 & 008-0201

Department of Community Development Director George Dearborn introduced the item.

 

See discussion with Item #13.

 

MOTION:  Chairperson Bellmer, seconded by Commissioner Schaetz to approve the Conditional Use Permit with the following conditions:

·        This CUP shall be limited to the current owner only.  When the property is transferred to another owner the property shall be rezoned to an appropriate low density zoning district that is compatible with the Town’s Comprehensive Plan and the surrounding land uses. 

·        All farm equipment shall be stored inside the existing out buildings

·        No farming activity shall be conducted on the property other than for the purpose of maintaining a garden typically found on a residential lot.

·        No livestock shall be permitted on the property.

·        The detention pond located on the property is to be used only for the required detention of storm water for Winding Creek Subdivision.

·        No additional structures shall be permitted for this CUP other than those identified on the site plan. 

·        All identified above ground fuel tanks shall be inspected and maintained to ensure that now contamination of the surrounding wetlands and ground water shall occur.

·        All structures shall be maintained to ensure compatibility with the surrounding planned single family subdivision.  Maintenance shall include the periodic painting of out buildings and any other normal expected maintenance.  The Community Development Department shall have the authority to require this maintenance when they determine it is needed.  The department shall have the authority to review and approve the color of paint and/or replacement siding and roofing materials of the out buildings.

 

Motion carried unanimously.

 

  1. Sign – Mark Winter – Cottagewood Commons – West American Drive at Cottagewood Drive – 008-0230-02

Department of Community Development Director George Dearborn introduced the item and stated that the signs will be placed at the entrance to the development and that revised signs have been submitted.

 

Commissioner Van Dyke asked if the signs will be located in the public right-of-way.

 

Associate Planner Mark Mommaerts stated that the signs are outside of the right-of-way.

 

Chairperson Bellmer asked if the signs would be considered off-premise signs.

 

Director Dearborn stated that the signs need to be in the right-of-way to avoid this issue.

 

Commissioner Schaetz asked if the lighting was shining straight up or on the sign.

 

Director Dearborn stated that staff was unsure.

 

Commissioner Jochman asked if staff was ok with the revised placement of the signs.

 

Director Dearborn responded yes.

 

MOTION:  Commissioner Jochman, seconded by Commissioner Buck to approve the sign as revised with the smaller signage and larger setbacks.

 

Chairperson Bellmer asked how the signs will get into the right-of-way.

 

Director Dearborn stated that staff will work with the developer.

 

Motion carried unanimously.

 

  1. Certified Survey Map – Tammy Huza – 1338 Lakeshore Drive – 008-1110 & 008-1111-01

Department of Community Development Director George Dearborn introduced the item.

 

MOTION:  Chairperson Bellmer, seconded by Commissioner Van Dyke to approve the Certified Survey Map with the following conditions:

·        The CSM shall meet all of the requirements of Chapter 236.34 of the Wisconsin State Statutes.

·        All taxes and assessments shall be paid prior to the Town affixing signatures on the Certified Survey Map.

 

Motion carried unanimously.

 

  1. Certified Survey Map – Michael Blank – Lake Breeze Condos – Tayco Road and Forkin Street – 008-0308-01-01

Department of Community Development Director George Dearborn introduced the item.

 

MOTION:  Commissioner Van Dyke, seconded by Commissioner Schaetz to approve the Certified Survey Map with the following conditions: 

 

Motion carried unanimously.

 

  1. Condominium Plat – Michael Blank – Lake Breeze Condos – Tayco Road and Forkin Street – 008-0308-01-01

Department of Community Development Director George Dearborn introduced the item.

 

MOTION:  Commissioner Jochman, seconded by Chairperson Bellmer to approve the Condominium Plat with the following conditions: 

 

Motion carried unanimously.

 

  1. Landscaping Plan & Building Elevations – Michael Blank – Lake Breeze Condos – Tayco Road and Forkin Street – 008-0308-01-01

Department of Community Development Director George Dearborn introduced the item.

 

Associate Planner Mommaerts passed around the siding material the applicant was proposing to use on the units.

 

Commissioner Schaetz asked if there were berms requested by the residents.

 

Director Dearborn replied no, but that there will be a note on the plat that the DOT will not construct a noise barrier.

 

MOTION:  Chairperson Bellmer, seconded by Commissioner Buck to approve the landscaping plan submitted April 19, 2006 and building elevations.  Motion carried unanimously.

 

  1. Town B-5 Conditional Use Permit – Dan Grady – Sidelines Bar & Grille – 1975 Plaza Drive – 008-0233-06

Department of Community Development Director George Dearborn introduced the item and stated that the key issues are in regards to the fence and site plan and possibly a storm water issue.

 

Chairperson Bellmer asked about the revisions to the existing ordinance.

 

Director Dearborn stated that the new ordinance would address changes to fence height and opacity.

 

Commissioner Jochman asked if the fence could be an open.

 

Director Dearborn replied that yes it could.

 

MOTION:  Commissioner Jochman, seconded by Commissioner Schaetz to approve the Town B-5 CUP with the following conditions: 

 

Dan Grady, Sidelines Bar & Grille, stated that currently the ground slopes toward the building.

 

Director Dearborn stated that staff will look at the drainage and review it with the Town Engineer and that pervious concrete or paving blocks could be used.

 

Motion carried unanimously.

 

  1. Town B-5 Conditional Use Permit – McMahon & Associates – Kurz Electric – NE corner of Jacobsen and McMahon Drive (west of Fire Station #40) – 008-0240-04

Department of Community Development Director George Dearborn introduced the item and stated that the trail could be provided at the time of the Jacobsen Road reconstruction and that it could be a future special assessment.

 

Chairperson Bellmer stated that the trail condition should be modified so that the trail construction will wait until the Jacobsen Road reconstruction is started.

 

Rick Nowak, Kurz Electric, stated that the trail would be cut off from the rest of the site now, and that they would prefer to wait until the road is reconstructed to provide the trail.

 

Chairperson Bellmer asked about the east elevation not having a masonry base.

 

Mr. Nowak explained that they are planning a future expansion in 3-5 years and putting masonry on now only to rip it off later isn’t cost effective.  He also stated that there will be landscaping to screen this side from the road.

 

Director Dearborn stated that if there is a date certain for the expansion, then maybe an escrow can be provided in case the expansion wasn’t completed.

 

Chairperson Bellmer asked about the Fire Station and the overhead doors that aren’t screened.

 

Director Dearborn responded that the Fire Station is in a different zoning district and the B-5 zoning requires screening for all storage and loading areas.

 

Jeff Kellner, McMahon Associates, asked if hedge shrubs could be used instead of brick.

 

Director Dearborn responded that it does not meet the ordinance.  He also stated that the requirement cannot be waived without a variance, but if an expansion will be constructed, then it could be considered a work in progress so a delay in meeting this requirement is acceptable.

 

Commissioner Jochman asked if half the funds for using the masonry could be escrowed.

 

Commissioner Schaetz stated that the pedestrian connection to the trail from the site should be provided at the time of Jacobsen Road reconstruction.

 

MOTION:  Commissioner Jochman, seconded by Chairperson Bellmer to approve the Town B-5 Conditional Use Permit with the following conditions: 

·            The requirements for a decorative brick/block wall shall be delayed for 5-years for the east wall of the building, where the future expansion is proposed, due to the plans to construct an addition within this time period.  The applicant shall be required to provide an escrow of $5,000 which is estimated to be ½ the cost of the decorative wall.  If the applicant fails to construct the addition within the 5-year time period, then the Town retains the escrow and the applicant shall be required to construct the decorative wall.

·            A 10-foot wide asphalt trail along Jacobsen Road shall be provided at such time as Jacobsen Road is reconstructed.  The applicant shall sign a waiver of assessment.

·            A pedestrian connection from the building to the trail shall be provided at such time as Jacobsen Road is reconstructed.

·            Enhanced landscaping on the eastern property line shall be provided to screen the overhead doors from view off the property.

·            The Landscaping Plan shall be reviewed and approved by Community Development staff.

·            The masonry base on the exterior of the building shall continue along three sides.  The masonry base on the exterior of the east side of the building may  be delayed, as specified above, for up to 5 years.

·            All ground level air conditioning, gas and electric units shall be identified and screened.

·            No sound from the operations of the business 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:

 

Architecture

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.

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

·        Fences – No fences are identified.  All fences require 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

·        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.

General

·        Signs – No signage details are indicated.  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.