PLANNING COMMISSION MEETING MINUTES

                       Town Hall, Wednesday October 11, 2000 for approval at the

                                                      11/15/00 Meeting

 

 

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

 

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

 

ALSO PRESENT:   Mark Strobel

                                 John Riesterer

                                 Bill Rohrer

                                 Joe Kaufman

                                 Bill Acker      

  

Approval of Minutes – September 20, 2000

 

Motion by Chairperson Bellmer, seconded by Commissioner Schein, to approve the minutes of the Planning Commission meeting of September 20, 2000. Motion carried with 6 Aye, 1 Abstention (Comm. Pelton).

 

1.  Certified Survey Map – Kimberly-Clark Corporation – (008-0559, 0555, 0557, 0561, 0566, 0569, 0570, 0573, 0575)

 

Director Dearborn reported to the Commission that Kimberly-Clark Corp. was proposing a CSM at their County II location that would combine nine lots into one.

 

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

 

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

 

2.  Rezoning – JJR, LLC – John Riesterer – (008-0705-10)

 

Director Dearborn explained that the applicant was proposing a rezoning from R-1 (Rural Residential) to R-2 (Suburban Residential) in order to create two single-family lots. A Certified Survey Map would be done after the rezoning, which would split the lot. The applicant was applying for the rezoning to R-2 since the

 

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applicant could meet the 65 ft. minimum frontage requirement as opposed to the 85 ft. frontage requirement in the R-1 zoning district. Furthermore, Director Dearborn pointed out that the applicant intended on demolishing the non-conforming triplex and three-car garage on the eastern portion of the lot, so a single-family home could be constructed after the lot was split. In addition, the buildings on the western portion of the lot would remain after the CSM was completed. John Riesterer, the applicant, stated that the newly created lots would meet the 65 ft. frontage and all setback requirements of the R-2 zoning district.

 

Motion by Commissioner Jochman, seconded by Commissioner Lewis, to approve of the Rezoning from R-1 to R-2 as submitted. Motion carried unanimously.

 

3.  Conditional Use Permit – Martenson & Eisele Inc. – (008-5086)

 

Director Dearborn stated that the applicant was proposing a CUP for fill in a shoreland district for the purpose of removal from the floodplain. Director Dearborn then explained that the fill would eliminate the need for the applicant to purchase flood insurance for the property. The property is currently vacant and the CUP will allow for the construction of a single-family home. Furthermore, Director Dearborn pointed out that similar CUP’s have been approved for the same subdivision. Finally, the CUP would have to meet all federal, state, and local regulations.

 

Comm. Pelton clarified with Director Dearborn that clean fill would be used. Comm. Schein stated a concern over water runoff but the application indicated that it would not adversely affect surrounding properties. Finally, Comm. Jochman questioned how the frontage for the lot was calculated, in which Director Dearborn responded by explaining that it is determined differently for lots located within a cul-de-sac but it is still conforming (also located within an approved subdivision).

 

Motion by Chairperson Bellmer, seconded by Commissioner Jochman, to approve the CUP, with the condition that it meets all federal, state, and local regulations. Motion carried unanimously.

 

4.  Certified Survey Map – Great Northern Corp. – (008-0091, 008-0091-03)

 

Director Dearborn explained that Great Northern Corp. was proposing a CSM off of Stroebe Rd. to adjust the location of the right-of-way in order to allow the building on Lot 1 to be conforming (30 ft. to street). The CSM then ensures that the structure on Lot 1 can be expanded in the future since it will now be conforming. Finally, Director Dearborn stated that there are no utilities in the adjusted right-of-way area.

 

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

 

 

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5.  Review Site Plan for 4139 W. Prospect Ave.

 

Director Dearborn stated that Peter Meyerhofer was proposing to construct a two-story commercial restaurant and sports bar (4,500 sq. ft.). Director Dearborn explained that Town Staff has many concerns over the project, such as:

1.      Navigable Stream Location – Mud Creek is being proposed to be relocated. The relocation requires DNR approval. This will affect parking, floodplain, and the floodway. The applicant needs to address these concerns, especially how it will affect surrounding properties. A revised drainage plan may need to be completed.

2.      Setback Variance – the applicant is also applying for a variance to reduce the shoreland setback (45 ft). Relocating Mud Creek will further impact the amount of variance needed.

3.      Access & Traffic – American Dr. and Prospect have high traffic counts. Director Dearborn showed a video to the Commission that highlighted this point. The existing access is intended for a residence, not a commercial use. Director Dearborn stated that closing the median and thus preventing a left turn out of the proposed project should be a consideration. The access would have to be approved by Winnebago & Outagamie County. Finally, a detailed traffic study needs to be completed.

 

Comm. Pelton stated a concern over the high traffic count in the area. Chairperson Bellmer pointed out that the original Conditional Use Permit did not indicate the relocation of Mud Creek. In addition, Chairperson Bellmer clarified that the DNR would approve the relocation of Mud Creek and that the Planning Commission would make a decision on the variance request. Comm. Jochman stated that the plan showed 31 parking spaces, which meets the requirement of 30 parking stalls (based on sq. ft. of building).

 

Motion by Commissioner Jochman, seconded by Commissioner Lewis, to delay a decision on the site plan for 30-days in order for the applicant to address the issues noted. Motion carried unanimously. (*Note= there is no official resolution since only the Planning Commission and Town Staff will review the site plan*).

 

6.  Certified Survey Map – Halbrook Builders, Inc. – (008-0264-08)

 

Director Dearborn reported to the Commission that the CSM was creating four new lots for the Golf Bridge Apartments, which were all currently constructed. Director Dearborn did point out point out that Winnebago County usually requires a plat or condominium plat for a project located within a R-5 (Planned Residential) district but in this case was allowing a CSM. Comm. Jochman stated a concern over a CSM being done instead of a condo plat, especially when it came to the issues of frontage, public road access for all lots, and the possibility of individual lots being sold at a future date.

 

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

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7.  Certified Survey Map – Eugene Sawall – (008-3112)

 

Director Dearborn explained that the CSM on the corner of Mary Lane and Lee St. was proposing to split one lot into two lots for building single-family homes. The new lots will be located in an R-2 (Single-Family Suburban) district and there is sewer/water available.

 

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

 

OLD ITEMS OF BUSINESS

 

1.  Variance – Davel Engineering – 4139 W. Prospect Ave. – (008-0113-05)

 

Director Dearborn stated that the variance applied to the property previously discussed for site plan review. Since the applicant was now proposing to relocate Mud Creek, as well as addressing the other issues for site plan review, Director Dearborn recommended delaying a decision on the variance for another thirty-days. Winnebago County has concurred with delaying the decision again.

 

Motion by Commissioner Jochman, seconded by Commissioner Bellmer, to delay the decision on the variance for another thirty-days. Motion carried unanimously.

 

2.  Review and Approve Resolution for County Comprehensive Plan

 

Dearborn Dearborn listed the changes that Town Staff have proposed to the County Comprehensive Plan. The Planning Commission approved these changes, with some slight wording additions. The changes are as follows:

1.      The County Future Land Use Map is corrected to accurately show which parcels in the Town of Menasha currently lie within the sewer service area.

2.      When the sewer service area is expanded or amended in the Town, these areas will be automatically added to the County Future Land Use Map as sewer service areas.

3.      The newly added sewer service areas would then no longer fall under the County Comprehensive Plan standards (building, density, open space).

 

Director Dearborn went on to say that the County Plan would have a minimal impact on the Town since the majority of the Town lies within the sewer service area.

 

Motion by Chairperson Bellmer, seconded by Commissioner Jochman, to approve the County Comprehensive Plan, with the specified changes. Motion carried unanimously.

 

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

 

Director Dearborn stated that the applicant was reapplying for a Town CUP for a convenience store, car wash, and fast food restaurant. The applicant was required

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to submit a detailed site plan but the most recent plan does not qualify as one. The current site plan does show two access drives on W. American and one on Olde Buggy Lane. Director Dearborn explained that the site plan needed to be modified and adhere to all of the requirements of the B-5 zoning district.

 

Bill Acker, representing Apple Valley Church, told the Commission that he was not opposed to the project but wanted to make sure that issues such as screening (possibly a berm), lighting, and the overall attractiveness were addressed.

 

Joe Kaufman, representing U.S. Oil and Express Convenience, stated that Mr. Acker’s concerns would be addressed and that the project currently was in the preliminary phases (e.g. deciding on where to put in fill). Mr. Kaufman said that the convenience store would be 4,000 sq. ft. (all brick) and also be very similar to other Express stores in the region. Mr. Kaufman then explained that the purpose of this meeting was to establish the two curb cuts so the project could move forward. Director Dearborn explained that the two proposed access drives on W. American Dr. were not desired but the Town should accept them since they were comparable to the curb cuts approved for the Van Zeeland project across the street.

 

Motion by Commissioner Pelton, seconded by Commissioner Lewis, to delay a decision on the Town CUP for thirty-days but approve of the location of the two access drives, which shall be similar to the Van Zeeland curb cuts on W. American Dr, so the project can move forward. Motion carried unanimously.

 

OTHER BUSINESS

 

The Planning Commission asked about the status of the Dennis Brucks CSM. The status is still unclear since the County has not made a decision to the Town’s knowledge.

 

ADJOURNMENT

 

Motion by Commissioner Lewis, seconded by Chairperson Bellmer, to adjourn the meeting at 6:03 p.m. Motion carried unanimously.

 

                                                                               Respectfully submitted,

 

 

 

 

                                                                                Jeffrey Smith

                                                                                Associate Planner