PLANNING COMMISSION MEETING MINUTES

                               Town Hall, Wednesday June 21, 2000 for approval at the

                                                                     7/19/00 Meeting

 

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

 

                     PRESENT:   Chairman Bellmer and Planning Commissioners’ Chuck Lewis,

                                           Dennis Jochman, Bridget Greuel, Michael Van Dyke, Kris

                                           Koeppe, and Tom Schein. Community Development Director George

                                           Dearborn and Associate Planner Jeffrey Smith.

 

                     ALSO PRESENT:    Steve Lehmann                           Bill Boueu

                                                       Betty Lehmann                           Jim Labre

                                                       J. Van Oudenhoven                    Paul Beuther

                                                       Jerry Nault                                  Robert Francart

                                                       Jim Kriha                                    Cormac McInnis

                                                       Roger Zarling                              Todd Van Zeeland

                                                       Les Beyer                                    Mark Cumings

                                                       Faye Beyer                                  Terry Barwick

                                                       James Fletcher                            William Smith

                                                       Steve Shelley                               Patrick Medo

                                                       Peter Barwick                              Jack Klein

 

 

           Approval of Minutes – May 17, 2000

 

Motion by Commissioner Lewis, seconded by Commissioner Jochman, to approve the  minutes of the Planning Commission Meeting of May 17, 2000. Motion carried with 7 Aye. Chairman Bellmer, Commissioners’ Lewis, Jochman Greuel, Van Dyke,

           Koeppe, Schein, Aye.

 

1.  Introduction & Overview of Planning

 

Director Dearborn discussed many important topics to the new Planning Commission members, which include: the authority of the Planning Commission; the Town’s relation to the County concerning zoning; explanation of the B-4 and B-5 zoning districts; site plan review, the comprehensive plan, and the new State Smart Growth legislation.

 

2.  Conditional Use Permit – WI Electric Power Company – N. of 1775 American Dr. – (008-0243)

 

Director Dearborn reported to the Commission that WI Electric was proposing the construction of a new natural gas distribution facility on American Dr. Furthermore, the

 

 

 

 

 

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property is zoned B-3 and requires a CUP. Finally, Director Dearborn listed the CUP conditions:

1.      A detailed site plan be prepared and approved by staff.

2.      A drainage plan be prepared and approved by the Town of Menasha.

3.      All other federal, state, and local regulations are complied with.

 

Wisconsin Electric representatives told the Commission that they own the entire parcel in question and that the balance of the land could be sold off at a later time. In addition, the representatives provided an overview of how the gas distribution facility functions. The representatives responded to a question by Comm. Koeppe, concerning the old building, by explaining that it would be torn down. William Smith, 969 Highland Park Rd., was concerned about possible noise or other types of danger caused by the proposed facility. The representatives responded to this concern by explaining that the proposed facility would not pose any significant danger to nearby residential areas and that the facility would be monitored 24 hours a day. Finally, the representatives told the Commission that there are no other structures planned for the site.

 

Motion by Commissioner Jochman, seconded by Commissioner Greuel, to approve the CUP, with the specified conditions, as submitted. Motion carried unanimously.

 

3.  Certified Survey Map – Ronald Voight – (008-0120-04)

 

Director Dearborn explained that the CSM on Casaloma Dr. would split unplatted land into two lots. In addition, Director Dearborn pointed out that both lots front onto Casaloma Dr. Comm. Greuel inquired about the reason for the split but that applicant was not present to respond to this question.

 

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

 

4.  Request for an Amendment to the Comprehensive Land Use Plan – Consolidated Const. Company, Inc.

 

Director Dearborn pointed out that the applicant was requesting an amendment to the comprehensive plan for a proposed office building development. The subject property, 16.11 acres, is located on the SW corner of County Rd CB and Jacobsen Rd. Director Dearborn reported to the Commission that the property is currently zoned A-2 (General Farming) and that the Future Land Use Map indicates that it is intended to be Mixed Residential. Director Dearborn went on to say that the Town has intended to concentrate commercial development around the County CB and S.R. 10/W. American Dr. area. In addition, Director Dearborn pointed out that that the subject property is surrounded on three sides by residential land uses. Furthermore, Director Dearborn expressed the fact that that this proposed use would leapfrog commercial development. Hence, Director Dearborn recommended not changing the land use for the subject property. Finally, Director

 

 

 

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Dearborn reported to the Commission that the July Planning Commission meeting would serve as the public hearing for the proposed Comprehensive Plan Amendment.

 

Comm. Lewis inquired on why the applicant was deviating from the future land use map. Steve Shelley, representing Consolidated Construction, responded by explaining that the subject property features 16 acres of wetlands, with only 7 acres available for building purposes. Mark Cummings, representing C&Z Investment Corp., concurred with the opinion of Mr. Shelly. In addition, Mr. Shelley stated that the only access to the proposed development would not from County CB but rather from Jacobsen Rd.  Furthermore, Mr. Shelley explained that the clients for the proposed office building development plan to optimize the most green space as possible. Finally, Mr. Shelly believed that the use would not be incompatible, since there was business park zoning to the north and Kimberly Clark owned land to the east. In response to Comm. Greuel’s concern on whether the public will be able to comment on the proposed amendment, Director Dearborn then stated that a class 1 notice was published so nearby property owners or any interested citizen could be able to express their views at the public hearing in July. 

 

Roger Zarling, 1461 Jacobsen Rd., asked if a rezoning could be attempted instead of a comprehensive plan amendment. Chairman Bellmer responded that the amendment process is the logical first step and that the Planning Commission should be cautious of changing the future land use plan. Paul Beuther, 1470 Jacobsen Rd., agreed with the view of Chairman Bellmer and went on to state that there are other areas in the Town more suitable for an office park.

 

5.  Rezoning – Jeffrey Marlow – [008-0265 (p)] & [008-0265-03 (p)]

 

Director Dearborn explained that the applicant was proposing a rezoning from R-1 (Rural Residential) to R-5 (Planned Residential) for a Townhouse development. In particular, the development will consist of five 9-unit apartment town homes (total of 45 units), all with attached garages. This is a density of 8.78 units per acre. Director Dearborn stated that this is a lower density than similar proposals in the past from the applicant on the same property. Comm. Schein later asked the applicant to detail the past proposals, which included: 72 units (1st proposal), 54 units (2nd  proposal) and 45 units (current proposal). In addition, Director Dearborn pointed out that there were two proposed access drives coming from W. American Dr. and that the applicant’s proposal does not include the construction of Delta Dr. Furthermore, Director Dearborn explained that the surrounding land uses include multiple-family, duplexes, and some single-family.

 

Comm. Jochman clarified that the proposal does not include any duplexes and that the townhouse would be located east of a potential Delta Dr. Comm. Greuel then pointed out that the applicant cannot rezone only part of a parcel and thus she needed clarification. In response to this concern, Jeffrey Marlow responded that Winnebago County is requiring a Certified Survey Map (CSM) to split the parcel in order for a rezoning to occur. Chairman Bellmer later stated that the area not being rezoned (west of the proposed townhouse

 

 

 

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development) could still be the potential future location of duplexes or some other multi-family development proposal. On the other hand, Comm. Lewis questioned if that piece of land could still be marketable and pointed out that a developer for that land would have to pay for the construction of Delta Dr. Mr. Marlow later stated that he felt that there was not an adequate amount of land (west of the proposed townhouse development) for a multi-family development, even if Delta Dr. was constructed. The current proposal does not include the construction of Delta Dr. In response to a resident statement that existing power lines would limit development on the piece of property located west of the proposed townhouse development, Comm. Jochman responded by pointing out there have been other developments in the Town located near power lines.

 

Comm. Jochman pointed out to the Commission that Delta Dr. has been officially mapped. Director Dearborn then clarified the fact that the road was mapped but it does not exactly identify where it was going to be constructed. Furthermore, Director Dearborn  stated that the CSM would show where Delta Dr. would be placed.

 

Mr. Marlow then discussed some of the features of the proposal, which included: there will be two acres of open space; there will be a 3 foot berm (20 ft. in length) with 6 ft. pine trees on top of the berm; the townhouses will be constructed with a mixture of brick and vinyl; and that there will be approximately 120 parking stalls. Comm. Lewis later commented that he approved of the fact that the applicant has reduced the density again with the current proposal and that there appeared to be adequate screening proposed from the nearby residential areas.

 

Jim Kriha, 989 Highland Park Rd., stated that he has been opposed to this development because apartment complexes already surrounded him. Furthermore, Mr. Kriha believed that that area was too busy and that the appropriate use would be single-family. William Smith, 969 Highland Park Rd., told the Commission that the area was too dense and that the Town Board promised in the past that the area would be single-family.

 

Motion by Commissioner Jochman, seconded by Commissioner Lewis, to approve the rezoning as submitted. The motion carried unanimously.

 

6. Conditional Use Permit – Jeffrey Marlow – [008-0265 (p)] & [008-0265-03 (p)]

 

This CUP is concerned with the Townhouse development in agenda item 5 (see item 5 for details of the proposal). Director Dearborn recommended two access drives, one onto W. American Dr. and another onto Golf Bridge Dr. Comm. Jochman agreed with the two access drives recommended by Director Dearborn. Furthermore, Comm. Jochman pointed out that the past proposals from Mr. Marlow have always been approved by the Planning Commission but not by the Town Board, mainly over density concerns. Finally, William Smith, 969 Highland Park Rd, again stated that he opposed the project.

 

The conditions for the CUP are as follows:

1.      A detailed site plan be submitted for review & approval by the Town of Menasha.

 

 

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2.      Approval of the drainage plan by the Town Engineer.

3.      Preparation and approval of a landscape plan.

 

Motion by Commissioner Greuel, seconded by Commissioner Jochman, to approve the CUP, with the specified conditions, as submitted. Motion carried unanimously.

 

7.  Conditional Use Permit – Westra Construction Inc., - (008-0117-01)

 

Director Dearborn reported to the Commission that the applicant was proposing a CUP to relocate an existing pipe within a mapped surface water drainage district. In addition, Director Dearborn stated that this would not change the drainage on the property or have any adverse effects on the surrounding properties. Chairman Bellmer told the Commission that the applicant applied for the CUP since they have plans for a proposed building addition. Director Dearborn recommended approval of the CUP, with the condition that it meets all local, state, and federal regulations.

 

Motion by Commissioner Lewis, seconded by Commissioner Schein, to approve the CUP, with the specified condition, as submitted. Motion carried with 6 Aye, 1 Abstained.

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Greuel, Koeppe, Schein Aye; Comm. Jochman Abstained.

 

8.  Text Amendment to Sec. 17.32 Zoning Ordinance – Winnebago County Planning & Zoning Committee

 

Director Dearborn pointed out that Winnebago County was requesting the text amendment in order to provide for one alternate member to the Board of Adjustments. This member would be used when a quorum was needed or when there is a conflict of interest from another member. In addition, Director Dearborn and Comm. Jochman encouraged any member of the Commission to apply for this position.

 

Motion by Commissioner Greuel, seconded by Commissioner Lewis, to approve the text amendment as submitted. Motion carried unanimously.

 

9. Certified Survey Map – Crocus Estates LLC – (008-0206)

 

Director Dearborn explained that the CSM on Irish Rd. was creating a new lot. Furthermore, the newly created lot will be the location for a 24 bed Community Based Retirement Facility (CBRF). Comm. Koeppe then clarified the size and dimensions of the newly created lot.

 

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

 

 

 

 

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10. Certified Survey Map –Valley Gateway Development – (008-0224)

 

Director Dearborn explained that the CSM would create two lots and also dedicate Olde Buggy Lane to the public. Furthermore, U.S. Oil Co., Inc. may soon submit a site plan for a convenience store, car wash, and fast food restaurant on the newly created Lot 2. Jim Fletcher, representing Gateway Development, confirmed that the CSM was done for the Olde Buggy Lane dedication and for the future development of the Valley Gateway project.

 

Motion by Commissioner Lewis, seconded by Commissioner Greuel, to approve the CSM as submitted. Motion carried unanimously.

 

11. Approval of Final Plat for Wildlife Heights

 

Director Dearborn stated the conditions for the final plat which were as follows:

 

1.      An environmental corridor be established along the northern portion (75 ft. setback), which includes preserving vegetation and trees.

2.      Provisions shall be made as part of this plat for walkways/trails.

3.      Approval of all agencies and all other governmental entities with authority to object to a plat.

4.      Dedication of outlot 1 as a public park as provided by the platting process.

 

Director Dearborn then clarified some of the conditions to the Commission. First, he explained that the environmental corridor would preserve wildlife and open space. Cormac McInnis, representing Davel Engineering, later explained that there was a surface water drainage way district located within the environmental corridor. In terms of condition #2, Director Dearborn explained that Elk Trail Dr. could be the location of a sidewalk, which would then connect to Irish Rd.

 

Comm. Greuel pointed out that the temporary cul-de-sac at the end of Symphony Blvd. only provided for a 45 ft. turn around when the Town requires 60 ft. In addition, Comm. Greuel was concerned with the Symphony Blvd. connection. Cormac McInnis, representing Davel Engineering, responded by explaining that there was a neighborhood meeting on this issue and that there was a four-way stop sign planned at the intersection of Symphony Blvd. and Elk Trail Dr. Furthermore, Jim Fletcher pointed out that there would be a bridge over the creek to connect the two subdivisions and that there would also be natural landscaping in that area.

 

Comm. Lewis inquired about the future use of the property located south of Wildlife Heights. Cormac McInnis explained that there was about 650 ft. to the railroad tracks from the southern portion of Wildlife Heights. In addition, the future land use map indicates that land to be mixed residential.

 

 

 

 

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Motion by Commissioner Lewis, seconded by Commissioner Schein, to approve the final plat, with the specified conditions, as submitted. Motion carried unanimously.

 

OLD ITEMS OF BUSINESS

 

1.  Town Conditional Use Permit – Van Zeeland Oil Co., Inc. – (008-0231-04)

 

Director Dearborn reported that the site plan now included one access driveway, which was 80 ft. Director Dearborn then discussed the history of the proposed driveway cuts and how the current compromise came about. Director Dearborn pointed out that if traffic/development increases too much in the future, the driveway can be closed off, especially since there would be a future access from the rear. Jim Fletcher later reiterated this fact and pointed out that this was part of the Roadway Development Agreement.

 

Jim Fletcher, representing Valley Gateway Development, still requested two driveways because of possible congestion problems. Comm. Jochman and Comm. Schein were also concerned with the safety issues with having only one 80 ft. driveway, especially since there would be more than one business located on the property. Comm. Lewis then told the Commission that he was now in favor of two driveways. Chairman Bellmer did point out that he was concerned with having a driveway too close to County Rd CB. Comm. Greuel clarified that there were currently two curb cuts on W. American Dr. and suggested possibly closing one down in the future if the traffic/development posed a major problem. Chuck Van Zeeland, representing Van Zeeland Oil, suggested moving the eastern driveway further to the west. In an unrelated matter, Chairman Bellmer pointed out that there would most likely be a sign on the property and that the B-5 zoning district has strict regulations on signs. Chuck Van Zeeland told the Commission that the fast food partner would request a larger sign than what the zoning district specifies.

 

The conditions for the Town CUP are as follows:

 

1.       Fences – Fences shall be identified if planned

2.      Outdoor lighting – No outdoor lighting is shown.  All outdoor lighting must conform to the requirements of this district

3.      Signs – No signs are identified.  Signs must be identified and shall be reviewed by staff and approved by the planning commission and town board.

4.      Parking – Parking shall meet all requirements of this zoning district.

5.      Radio and Television Antennas – No antennas are shown on the site plan.  They must be in conformance with the requirements of the B-5 zoning district. 

6.      Satellite Dishes – No satellite dishes are shown on the plan.  They must be in conformance with the requirements of the B-5 zoning district.

 

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7.      Landscaping – No landscape plan has been submitted.  A plan must be submitted prior to final approval of the plan.

8.      The exterior of the building is not identified as required by this zoning district.  The exterior façade of the building shall be provided during the site plan review process and approved by the Town Planning Commission. The exterior façade of the proposed buildings must be compatible with the intent of this district.  The developer is encouraged to work with staff, which will provide examples of exteriors that would be considered compatible with the B-5 zoning district.

9.      Signage for both trail users and motorists shall be provided on the site to minimize conflicts and a 5 foot wide concrete sidewalk shall be constructed along West American Drive to provide for pedestrian flow.

  10.  A detailed site plan review and drainage review shall be conducted by staff as

         required by town ordinance and approved prior to the issuance of building permits.

 

11.  There will be two curb cuts on W. American Dr., with the eastern most cut not less than 

42 feet from the west end of the median strip that is adjacent to the County Rd. CB./W. American Dr. intersection. In addition, there shall be an appropriate separation between the two curb cuts, which will be established by town staff and the applicant.

 

Motion by Chairman Bellmer, seconded by Commissioner Lewis, to approve the Town CUP, with the conditions specified, as submitted. Motion carried with 6 Aye, 1 Abstained.

 

Chairman Bellmer, Commissioners’ Lewis, Greuel, Van Dyke, Koeppe, Schein Aye; Comm. Jochman Abstained.

 

 

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

 

Director Dearborn stated that the applicant has still not submitted a site plan, following the B-5 zoning guidelines, and thus recommended another thirty-day delay. Steve Lehmann, 1320 Alex Ct., was concerned with lighting, traffic, and other issues involved with the proposed convenience store, carwash, and fast food restaurant. Director Dearborn responded that site plan review would address these concerns.

 

Motion by Commissioner Greuel, seconded by Commissioner Jochman, for another thirty-day delay on the Town CUP. Motion carried unanimously.

 

 

 

 

 

 

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3. Rezoning – William Sund – (008-0235)

 

Director Dearborn explained that the applicant was proposing a rezoning from A-2 (General Farming) to P-1 (Institutional & Recreational Park) for the construction of a church. Since the P-1 district allows for uses other than a church, the Commission delayed their decision at the May meeting. Since the last meeting, the applicant met with the County, which suggested that the applicant have covenants recorded for the property, restricting its use to a church.

 

The conditions are as follows (these need to be done prior to approval of the rezoning):

 

1.      A covenant is prepared and recorded that restricts the use of the land to a church and these covenants are reviewed and approved by the Town to ensure that they are enforceable by the Town. This can be accomplished by making the Town a party to these covenants.

2.      The covenants are designed to require the rezoning of the property to R-2 single-family residential if the property owner and/or assigns or heirs to construct a church within 5 years.

3.      All of these requirements must be reviewed by the Town Attorney and recorded prior to the approval of the rezoning by the Town.

 

Comm. Jochman (motion) and Comm. Lewis (second) had to withdraw their motions for approval of the rezoning, with the specified conditions, since one cannot put conditions on a rezoning. Comm. Greuel earlier stated that the conditions should be met before voting on the rezoning.

 

Motion by Commissioner Greuel, seconded by Chairman Bellmer, to delay the decision on the rezoning for another thirty-days. Motion carried unanimously.

 

OTHER BUSINESS

 

Comm. Lewis wrote up a memo on his thoughts on the Town property that may be converted into a nature park. Comm. Lewis requested that Director Dearborn outline the history and major issues concerning this property for the next Planning Commission meeting.

 

ADJOURNMENT

 

Motion by Commissioner Jochman, seconded by Commissioner Greuel, to adjourn the meeting at 7:40 p.m. Motion carried unanimously.

 

                                                                              Respectfully submitted,

  

 

                                                                               Jeffrey Smith                                                                              

                                                                               Associate Planner