PLANNING COMMISSION MEETING MINUTES

                      Town Hall, Wednesday December 13, 2000 for approval at the

1/17/01 meeting

 

Chairperson Bellmer called the meeting to order at 5:00 p.m.

 

PRESENT:  Chairperson Bellmer and Planning Commissioners’ Chuck Lewis, Michael Van Dyke, Harold Pelton, Dennis Jochman, Kris Koeppe, and Tom Schein. Community Development Director George Dearborn and Associate Planner Jeffrey Smith.

 

ALSO PRESENT:   Jan Grosskopf

                                 John Wiley

                                 Tom Halverson

                                 Robert McBrian

                                 Gerry Altenhofen

                                 Tom Wroblewski

                                 Sarah Conklin

                                 Joe Kaufman

                                 Alan Ament

 

 

Approval of Minutes – November 15, 2000

 

Motion by Commissioner Pelton, seconded by Chairperson Bellmer, to approve the minutes of the Planning Commission meeting of November 15, 2000. Motion carried with 6 Aye, 1 Excused (Comm. Jochman- arrived at 5:06 p.m.)

 

1.   Approval of dates for 2001 Planning Commission Meetings

 

Motion by Commissioner Lewis, seconded by Commissioner Pelton, to approve the 2001 Planning Commission meeting dates. Motion carried with 6 Aye, 1 Excused (Comm. Jochman-arrived at 5:06 p.m.)

 

2.  Certified Survey Map – Dianne Adams – 152 Baldwin Ct. – (008-1799, 008-1800)

 

Director Dearborn explained that the CSM proposed to combine two lots into one. The property owner pursued the CSM to expand green space and also to potentially put in a shed at a future date.

 

Motion by Commissioner Lewis, seconded by Commissioner Pelton, to approve the CSM as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer, Commissioners’ Lewis, Van Dyke, Pelton, Koeppe, Schein Aye; Comm. Jochman Excused.

 

3.  Conditional Use Permit - Town of Menasha – (008-0039)

 

Director Dearborn reported to the Commission that the Town of Menasha was applying for a CUP for a wireless communication tower on Town property (Palisades Park). Even though the Town owns the land, Winnebago County still mandated a CUP since the County is the “governing authority” according to the zoning ordinance. Also, Director Dearborn explained that the Park Commission was close to finishing the lease agreement for the tower, which would have safety measures for the Town, such as mandating the Tower to come down if the cell tower company goes bankrupt. Furthermore, Director Dearborn stated that studies have shown that the proposed tower would not have a negative impact (e.g. radiation, electromagnetic waves) on surrounding properties. Commissioner Schein later inquired on whether the Planning Commission should receive information on any potential negative impacts resulting from cell towers. Finally, Director Dearborn pointed out that the cell tower would provide a lot of revenue to the Town Park Department.

 

Commissioner Lewis pointed out that a letter, submitted by Valley Pattern, Inc., stated a concern about the tower affecting their computer machinery. Director Dearborn responded to this concern by pointing out that studies have shown that cell towers would not negatively affect computer machinery. Chairperson Bellmer asked about the number of carriers for this cell tower. Director Dearborn responded by explaining that there would be multiple carriers. Director Dearborn also stated that the Town preferred to place cell towers first on water towers, then on town property or industrial property. Furthermore, in response to a concern about placing the tower on a town park, Director Dearborn explained that the Park Commission pursued placing the tower at this location.

 

Sarah Conklin, 2510 Theresa Ave, presented a neighborhood petition to the Commission that objected to locating the tower at Palisades Park. In response to a question on why to locate the tower at a park, Director Dearborn stated that the Town could put conditions on the tower as opposed to locating the tower on industrial property, in which the Town could not put conditions on the tower since it was an allowed use. Commissioner Schein went on to explain that if the tower was denied for the park property, then the cell tower company would just look for another nearby location. Director Dearborn did point out that the tower could be placed on adjacent industrial property located to the west of the park.

 

John Wiley, 2450 Theresa Ave, stated that he opposed the cell tower for safety reasons, especially over a concern that there were baseball diamonds nearby. Mr. Wiley explained that he would not object if the tower were placed closer to the old town municipal building. Chairperson Bellmer earlier stated that he felt that the town park was a bad location for locating the wireless communication tower.

 

Motion by Chairperson Bellmer, seconded by Commissioner Schein, to deny the CUP as submitted. Motion carried with 5 Aye, 2 Nay.

 

Chairperson Bellmer, Commissioners’ Lewis, Van Dyke, Pelton, Schein Aye; Commissioners’ Jochman, Koeppe Nay.

 

4. Certified Survey Map – Elizabeth Hooyman, Thomas Syring, Floyd Syring – (008-0169)

 

Director Dearborn reported to the Commission that the CSM was adjusting the lot line to include the small portion of property that was not included in Phase I of the High Plain Meadows single-family subdivision for the newly created Lot 1. Lot 1 may then be the future location of Phase II for High Plain Meadows. Winnebago County required the applicants to apply for the CSM.

 

Motion by Commissioner Van Dyke, seconded by Commissioner Pelton, to approve the CSM as submitted. Motion carried unanimously.

 

5.  Certified Survey Map – Page Family Trust and the Irrevocable Page Family Trust B – (008-0298)

 

Director Dearborn explained that the CSM off of Pages Point would clarify the legal description for the existing parcel. The CSM would then possibly assist the applicant in selling the lot at a future date. Director Dearborn did point out that a CSM, creating an outlot, was approved by the Planning Commission a few months ago for the adjacent parcel to the south.

 

Motion by Commissioner Schein, seconded by Commissioner Jochman, to approve the CSM as submitted. Motion carried unanimously.

 

6.  Rezoning – Martenson & Eisele – 1582 Beethoven Way – (008-5086)

 

Director Dearborn stated that the applicant proposed a rezoning from R-2 (floodplain) to R-2 (non-floodplain). The Planning Commission in October approved a CUP for filling on the same parcel and this rezoning was simply then removing the floodplain designation from the parcel.

 

Motion by Chairperson Bellmer, seconded by Commissioner Lewis, to approve the rezoning as submitted. Motion carried unanimously.

 

 

OLD ITEMS OF BUSINESS

 

1.   Town Conditional Use Permit – U.S. Oil Co., Inc. – (008-0224)

 

Director Dearborn explained that the applicant has submitted a detailed site plan for a convenience store and car wash. The applicant intends on splitting the parcel at a later date and then selling the new lot for another use (fast food). Director Dearborn then listed many of the important issues identified by staff, such as: fences, outdoor lighting, signs, parking, landscaping, and drainage. Director Dearborn then stated the conditions set forth by staff:

 

1.      The site plan must provide for easements to interconnect the shared driveway identified on the site plan.  Easements will be required to ensure internal access between future lots and access to West American Drive.

2.      Screening incorporating a fence or berm and landscaping shall be required along the northern boundary of the property to limit the impact of the development from the adjacent residentially zoning property.

3.      External speakers and other devices that create or amplify sound shall be located so as to not be heard in adjacent residential areas beyond the sound level naturally occurring in the residential development.

4.      The applicant shall design the car wash limit to noise heard in the adjacent residentially zoned property. 

5.      A second access shall be required on Olde Buggy Lane.

6.      The developer shall install a 10-foot wide intermodal trail along portion of the property that fronts on West. American Dr

7.      The applicant shall incorporate a site for bicycles (e.g. bike rack).

8.      A sidewalk shall be required on the portion of the property that fronts on Olde Buggy Drive. 

9.      A fire hydrant shall be installed as required by the Fire Department to meet required distances from a fire hydrant for this proposed building.

  1. The applicant prior to approval of the required detailed site plan shall address all other issues.

 

Director Dearborn explained that the applicant was in the process of revising their site plan based on these conditions. Joe Kaufman, representing Express Convenience, explained that some of these conditions were not budgeted and thus the plan needed to be revised. Director Dearborn did clarify to Mr. Kaufman that the 10 ft. trial fronting on W. American Dr. has to be completed during the project.

 

Chairperson Bellmer and Commissioner Jochman inquired about the condition for a sidewalk to be placed on Olde Buggy Dr. Director Dearborn responded by explaining that a resident on Olde Buggy Dr. requested the sidewalk, which would ramp off to the street. In addition, the sidewalk could be phased in when the fast food restaurant was constructed. Director Dearborn did point out that the current project encompassed the entire parcel and that there was no guarantee that the parcel will be split and sold for another use on the eastern portion.

 

Alan Ament, 1274 Benjamin Ct., stated that he not only wanted a berm or some other sort of screening on the northern portion of the parcel but also screening (25-30ft.) on the Olde Buggy Dr. portion (eastern portion). In response to a concern by Mr. Ament over lighting, Chairperson Bellmer explained that the B-5 zoning district has strict guidelines that prevent lights glaring onto adjacent properties. Director Dearborn again clarified that the conditions, such as screening (e.g. berm), would be required for the entire parcel since it was not clear that there would be another use on a newly created lot. Commissioner Jochman concurred with this view by Director Dearborn. Commissioner Lewis then requested that the applicant meet with Town staff to clarify or modify the conditions for the parcel. Commissioner Lewis withdrew his earlier motion for approval.

 

Motion by Commissioner Jochman, seconded by Commissioner Koeppe, to delay the decision on the Town CUP for thirty-days. Motion carried unanimously.

 

 

 

 

 

2.  Certified Survey Map – Gerald & Rochelle Altenhofen – (008-0053, 008-0056-09)

 

Director Dearborn explained that the applicants and their attorney met with Town Staff since the last meeting. Different options were discussed and the applicants originally decided on the option to vacate a portion of Century Oaks Dr., but the adjacent property owner (CBRF’s) would not consent to it. Hence, the applicants submitted a revised CSM, which showed a cul-de-sac at the end of Century Oaks Dr. Commissioner Lewis clarified with Director Dearborn that the Town had always wanted the cul-de-sac. Tom Wroblewski, the applicants’ attorney, stated that the final official revised CSM would be slightly different (e.g. location of cul-de-sac) than the CSM that was presented at the meeting.

 

Motion by Commissioner Jochman, seconded by Commissioner Koeppe, to approve the CSM, with the condition that the applicants submit an official revised CSM that shows a cul-de-sac at the end of Century Oaks Dr. Motion carried unanimously.

 

3.  Certified Survey Map – Gerald & Rochelle Altenhofen – (008-0056, 008-0056-09)

 

This CSM has the same issues and recommendation as in old item #2. Commissioner Jochman did point out that the buildings must meet all setbacks after the cul-de-sac is put in.

 

Motion by Commissioner Jochman, seconded by Commissioner Pelton, to approve the CSM, with the condition that the applicants submit an official revised CSM that shows a cul-de-sac at the end of Century Oaks Dr. Motion carried unanimously.

 

OTHER BUSINESS

 

Director Dearborn reported to the Commission that staff had met with Outagamie County officials concerning the proposed airport overlay district. Director Dearborn explained that a new proposal is forthcoming and that there would be another informational meeting next year to discuss the new proposal with Town residents.

 

ADJOURNMENT

 

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to adjourn the meeting at 6:05 p.m. Motion carried unanimously.

 

                                                                                                Respectfully submitted,

 

 

 

 

 

 

                                                                                                 Jeffrey Smith

                                                                                                 Associate Planner