PLANNING COMMISSION MEETING MINUTES

                           Town Hall, Wednesday May 17, 2000, for approval at the

                                                                  6/21/00 Meeting

 

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

 

                           PRESENT:    Chairman Tews and Planning Commissioners’ Alvin Bellmer,

                                                  Dennis Jochman, Chuck Lewis, Jeanne Krueger (*arrived at

                                                  5:08 p.m.*) and Roy Kuehn.

                                                  Community Development Director George Dearborn and

                                                  Associate Planner Jeffrey Smith

 

                           ALSO PRESENT:   Keith Sippel                         Chuck Van Zeeland

                                                            Patrick Medo                        Bridget Greuel

                                                            K. Flores                               Bill Acker

                                                            R. Francart                            Paul Beuther

                                                            Germaine Koepke                 Michael Gibbons

                                                            Melvin Schultz                      Bob Nigh

                                                            Gerald Van Oudenhoven       Sue Fredrickson

                                                            Suzanne Derby                      Mike Vanden Heurd

                                                            Peter Barwick                        Dwayne Long

                                                            Janey Barwick                       Deb Buchko

                                                            Jack Klein                              Carol Fredrich

                                                            Cormac McInnis                    Julee Mansfield

                                                            John Bridges                          Jim Fletcher

                                                            Phil Bridges

                                                            Bill Bauer

 

                Approval of Minutes – May 17, 2000

 

                Motion by Commissioner Jochman, seconded by Commissioner Kuehn, to approve the

                minutes of the Planning Commission Meeting of May 17, 2000. Motion carried with 5

                Aye, 1 Excused. Chairman Tews, Commissioners’ Jochman, Bellmer, Lewis, Kuehn

                Aye, Commissioner Krueger Excused (Comm. Krueger arrived at 5:08 p.m.).

 

               1. Certified Survey Map – Matthew & Alice Westphal – (008-1581, 1582, 1583)

 

               Director Dearborn explained to the Commission that the CSM would combine three

               platted lots into one for building purposes. The CSM then corrects an existing zoning

               non-conformance.

 

               Motion by Commissioner Jochman, seconded by Commissioner Lewis, to approve the

               CSM as submitted. Motion carried with 5 Aye, 1 Excused.

 

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Chairman Tews, Commissioners’ Lewis, Bellmer, Jochman, Kuehn Aye; Comm. Krueger Excused.

 

2.  Approval of Preliminary & Final Plat for Midway Crossing Apartments

             

Director Dearborn pointed out that Winnebago County requires either a plat or condominium plat for the R-5 zoning district. Furthermore, the applicant chose to prepare a 5-lot plat for the apartment complex. Finally, Director Dearborn explained that the plat is still subject to comments from the various objecting agencies and municipalities. Comm. Jochman questioned why the Commission must address this project again. Director Dearborn responded by reiterating that this is a county requirement and pointed out that Cold Spring Villas was an exception since it did not have a plat. This plat is also subject to comments from various objecting agencies and municipalities.

 

Motion by Commissioner Kuehn, seconded by Commissioner Jochman, to approve the preliminary and final plat as submitted. Motion carried with 5 Aye, 1 Excused.

 

Chairman Tews, Commissioners’ Lewis, Bellmer, Jochman, Kuehn Aye; Comm. Krueger Excused.

 

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

 

Director Dearborn explained that Van Zeeland Oil was reapplying for a Town CUP, which includes a convenience store, carwash, and fast food restaurant. Director Dearborn pointed out that the site plan needed to be modified to conform to the requirements of the B-5 zoning district. Some of the major concerns include: setback on the carwash, pedestrian access, exterior façade, and the two driveways proposed (Staff recommends just one driveway access further away from CB). Director Dearborn then recommended a thirty-day delay for the applicant to address these problems.

 

Todd Van Zeeland, representing Van Zeeland Oil, said that the drawing was not intended to be a site plan but rather to establish the number of driveways. Mr. Van Zeeland explained that he was led to the impression that there would be two driveways. Director Dearborn responded by explaining that through past meetings, access was a major issue. Mr. Van Zeeland explained that a thirty-day delay would not hurt in terms of preparing an adequate site plan but he still needed to know the number of driveways. Jim Fletcher, from Gateway Development, felt that two separate driveways would be a benefit for the tenants on the parcel and also result in better traffic flow.

 

Chuck Van Zeeland, representing Van Zeeland Oil, said that he always asked for two driveways (50 ft. each) and that the former Town of Menasha Administrator agreed with him. Chuck Van Zeeland pointed out that the two driveways would be safer and that it is important to know how many driveways there will be in pursuing potential buyers. In response to a question posed by Chairman Tews about the driveway closer to CB, Director Dearborn responded by saying that the Town engineer and staff never agreed to the design of the driveways. Comm. Bellmer believed that the eastern driveway was too close to CB and that the western driveway needed to be further

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west. Furthermore, Comm. Bellmer pointed out that the site plan shows arrows of traffic flow coming from the west to the east, which he felt poses problems.  Finally, Comm. Bellmer stressed the fact that there are still setback, facade, and aesthetic problems with the plan.

 

Comm. Jochman explained that the configuration of W. American Dr. has changed over the past year and he felt that two driveways might be better because there is a boulevard on W. American Dr. In addition, Comm. Jochman believed that one driveway would cause traffic problems and that two driveways would be a safer alternative. In terms of safety, Chairman Tews was concerned with the potential traffic congestion, especially with the increased future development on W. American Dr. Jim Fletcher then told the Commission that previous agreements stated that if the traffic count becomes too high, then the Town could close down the curb cuts.

 

Comm. Lewis was also concerned with the traffic concerns posed by Director Dearborn. Comm. Lewis then proposed an amendment, which calls for one single cut (driveway) on the western end of the property (further away from CB). The applicant would then be able to revise the site plan knowing there would have to be only one driveway. There was no second to the motion so the amendment failed.

 

Motion by Commissioner Bellmer, seconded by Chairman Tews, to delay the decision on the Town CUP for thirty-days. Motion carried with 5 Aye, 1 Abstained.

 

Chairman Tews, Commissioners’ Lewis, Bellmer, Krueger, Kuehn Aye; Comm. Jochman Abstained.

 

4.  Approval of Preliminary & Final Plat for Creekside Apartments

 

Director Dearborn explained to the Commission that the final plat for Creekside Apartments would serve for both the preliminary and final plat. Since the apartment complex lies within an R-5 zoning district, Winnebago County required either a regular subdivision plat or condominium plat. In response to a question posed by Chairman Tews about Christopher Lane, Director Dearborn said that approving the plat does not mean the Town is accepting the road. The conditions for the plat are as follows:

1.      Favorable approval from all agencies and municipalities with approval authority.

2.      Vacation of Hildebrand Lane needs to be recorded in the Register of Deeds.

3.      The final plat needs to be modified to include the dedication of Christopher Lane as well as establish the lot lying between Christopher Dr. and the “vacated” Hildebrand Lane as requested by Winnebago County (see Winnebago County letter for more details).

 

Motion by Commissioner Krueger, seconded by Commissioner Bellmer, to approve the plat, with the conditions specified, as submitted. Motion carried unanimously.

 

 

 

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5.  Approval of Final Plat for High Plain Meadows

 

Director Dearborn explained that the final plat has identified all easements and has created a temporary cul-de-sac for Sandpoint Ridge. In addition, Director Dearborn pointed out that Town staff suggested a temporary cul-de-sac near Lot 28, which eventually would be a future extension to Phase II of the subdivision. An alternative would be not to develop Lot 28.

 

Suzanne Derby, E. Shady Lane, asked if there would be a berm or fence on the development. Comm. Jochman indicated that there was no berm on the preliminary plat. Cory McInnnis, representing Davel Engineering, said that there would be an easement and berm (4-5 ft.) on the west side of Cold Spring. Suzanne Derby also suggested leaving the existing trees instead of putting in a berm. Dan Schott, from Versatile Development, explained that there is the intention to have a berm. Finally, Director Dearborn pointed out that the main reason for the berm is to screen the neighborhood from traffic, not just for aesthetic purposes.

 

Motion by Commissioner Krueger, seconded by Commissioner Lewis, to approve the final plat, with the condition that Lot 28 not be developed until the road is extended. In addition, approval of the plat is still subject to comments received by the various objecting agencies and municipalities. Motion carried with 5 Aye, 1 Abstained.

 

Commissioners’ Lewis, Bellmer, Jochman, Krueger, Kuehn Aye; Chairman Tews Abstained.

 

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

 

Director Dearborn reported to the Commission that William Sund proposed a rezoning from A-2 (General Farming) to P-1 (Institutional & Recreational Park) for the construction of a church. In addition, Director Dearborn pointed out that there were other principal uses allowed in a P-1 district, such as hospitals, sanitariums, and landfills. Furthermore, Director Dearborn explained that he previously recommended that the applicant apply for a conditional use permit instead of a rezoning. The main reason for this suggestion is that many of the uses allowed in a P-1 district are not compatible with the Town’s adopted future land use map. Hence, Director Dearborn recommended denial of the rezoning and then suggested a CUP for a residential zoning district such as R-2. Finally, Director Dearborn stressed the fact that if the property were rezoned to P-1, the only control the Town would have would be site plan review, which cannot address the use.

 

Bill Bauer, representing the proposed church, explained that the project was not planned for a few years. Since a CUP would expire after one year, Mr. Bauer explained that they pursued a rezoning instead of a CUP. The applicant could request an extension on the CUP but that would not be automatic. Even though there was not a site plan yet, Mr. Bauer explained that the church development would preserve green space and have reduced traffic flows. Mr. Bauer later told the Commission that the parcel is 37 acres but the church is only buying 20 acres. Director Dearborn then explained that a CSM would be required to spilt the parcel.

 

 

 

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Comm. Krueger pointed out that if the land is rezoned to P-1, a future owner of the property could propose a different use. Patrick Medo, Tom Marse, and Paul Beuther, representing Jacobsen Rd, were all concerned with the other uses allowed in the P-1 district. Chairman Tews then inquired if the Commission could put a condition on the rezoning. Director Dearborn then explained that one cannot condition a zoning and there would have to be a change in the County Zoning dealing with the P-1 district. Finally, Comm. Jochman recommended a thirty-day delay to look at the possible alternatives.

 

Motion by Commissioner Jochman, seconded by Commissioner Krueger, to delay the decision on the rezoning for thirty-days. Motion carried unanimously.

 

7.  Conditional Use Permit – Davel Engineering LLC – John Davel – (008-0173)

 

Director Dearborn pointed out that the CUP would provide for the placement of fill and grading in a shoreland area. The SE corner of the subdivision has a detention basin to control runoff. Comm. Bellmer inquired about the location of the “navigable stream”, in which Director Dearborn responded by explaining that the ditch is considered a navigable stream. The CUP is for the High Plain Meadows subdivision.

 

Motion by Commissioner Krueger, seconded by Commissioner Lewis, to approve the CUP as submitted. Motion carried with 5 Aye, 1 Abstained.

 

Commissioners’ Bellmer, Lewis, Jochman, Krueger, Kuehn Aye; Chairman Tews abstained.

 

8.  Approval of Preliminary Plat for Wildlife Heights

 

Director Dearborn discussed some of the characteristics of the single-family plat which include: 59 lots averaging 21,911 square feet in area, one out lot on the northeast corner, the northern lots front on a navigable stream, and there are two cul-de-sacs. Also, Director Dearborn mentioned how there will be two connections to the subdivision, one from Symphony Blvd. (Parkwood Estates subdivision) and the other from Irish Rd.

 

Sue Fredrickson, 1230 Symphony Blvd., asked the Commission if there was any way to not connect Parkwood Estates to the new subdivision. Director Dearborn responded by explaining that Symphony Blvd. is a public road and since Wildlife Heights will be single-family, it then makes sense to connect the two subdivisions. Chairman Tews commented that most people would probably access/exit the new subdivision at Irish Rd. Cormac McInnis, representing Davel Engineering, suggested to place stop signs where Symphony Blvd. would connect to the new subdivision. Mike Gibbons, 1640 Beethoven Way, was also concerned with the Symphony Blvd connection and wanted something implemented to slow down traffic, such as a four-way stop sign. Bob Nigh, 1631 Beethoven Way, suggested to divide the road so there is not just one straight connection between the two subdivisions. Chairman Tews then commented that police enforcement would be needed so people would abide to the type of connection that was implemented. Jim Fletcher, representing Beschard Investments, said that Tim Halbrook would not have a problem addressing the Symphony Blvd. connection (e.g. stop sign, off set), especially since there would most likely be children in the new subdivision.

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Comm. Bellmer asked about the WI DOT approval needed for 60 ft. right-of-ways, and the wetlands in the subdivision. Director Dearborn answered the first question by explaining that it is simply a WI DOT requirement and responded to the second question by pointing out that the wetlands will be exactly shown on the final plat.

 

The conditions for the preliminary plat for Wildlife Heights are as follows:

 

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

2.      Provisions shall be made as a 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 out lot 1 as a public park as provided by the platting process.

 

Motion by Commissioner Krueger, seconded by Commissioner Lewis, to approve the preliminary plat, with the conditions specified, as submitted. Motion carried with 5 Aye, 1 Abstained.

 

Chairman Tews, Commissioners’ Lewis, Bellmer, Krueger, Kuehn Aye; Comm. Jochman Abstained.

 

9.  Approval of Final Plat for Gateway Meadows

 

Director Dearborn listed some of the changes/comments for the final plat which include: Deer Crossing is now a cul-de-sac (originally a future through street), the out lots requested for dedication to the public as parks have not been dedicated, a sidewalk is planned on one side of the street only, the City of Neenah has agreed to the present right-of-ways widths, and the final design of Smoke Tree Rd. and W. American Dr. has not been finalized (land may need to be preserved at this future intersection).

 

Keith Sippel, representing the Clayton Group, was concerned with the W. American Dr. extension near Lot 144. Jim Fletcher, representing Gateway Development, responded to this concern by explaining that Lot 144 is not being marketed but would remain on the final plat. Director Dearborn then pointed out to the Commission that the final mapping for W. American Dr. would soon be completed.

 

The conditions for Gateway Meadows final plat are as follows:

 

1.      All modifications required by objecting agencies be incorporated into the final plat.

2.      The Town Engineer accepts the plat as to form.

3.      The out lots identified on the preliminary plat for dedication as public parks be dedicated to the public.

4.      Lot 144 will not be marketed but still remain on the final plat.

 

Motion by Commissioner Lewis, seconded by Commissioner Krueger, to approve the final plat, with the conditions specified, as submitted. Motion carried with 5 Aye, 1 Abstained.

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Chairman Tews, Commissioners’ Lewis, Bellmer, Krueger, Kuehn Aye; Comm. Jochman Abstained.

 

OLD BUSINESS

 

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

 

Director Dearborn reported to the Commission that the applicant still has not submitted a site plan. The concept was approved at the previous Planning Commission meeting but a detailed site plan, following the B-5 zoning guidelines, was still required. Thus, another thirty-day delay was recommended. Comm. Bellmer then pointed out that the applicant failed to provide what it promised. Jim Fletcher, representing Gateway Development, explained that paperwork was slowing down the project and another thirty-day delay would allow the applicant to provide a site plan.

 

Motion by Commissioner Krueger, seconded by Commissioner Lewis, for another thirty-day delay on the Town Conditional Use Permit. Motion carried with 5 Aye, 1 Abstained.

 

Chairman Tews, Commissioners’ Lewis, Krueger, Bellmer, Kuehn Aye; Comm. Jochman Abstained.

 

OTHER BUSINESS

 

ADJOURNMENT

 

Motion by Commissioner Krueger, seconded by Comm. Lewis, to adjourn the meeting at 6:54 p.m. Motion carried with unanimously.

 

                                                

                                                                             Respectfully submitted,

 

 

 

 

                                                                              Jeffrey Smith

                                                                              Associate Planner