PLANNING COMMISSION MEETING MINUTES

Town Hall, Wednesday February 21, 2001 for approval at the

3/21/01 meeting

 

 

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

 

PRESENT:  Chairperson Bellmer and Planning Commissioners’ Michael

                     Van Dyke, Harold Pelton, Dennis Jochman, Kris Koeppe, and Tom Schein.

                     Community Development Director George Dearborn and Associate Planner

                      Jeffrey Smith.

 

EXCUSED:  Commissioner Lewis

 

ALSO PRESENT:   Tim Vogel                                      Boyd Tracy

                                 Larry Olsen                                    Roger Spindler

                                 Dianne Olsen                                 Arthur Ladish

                                 Judi Tracy                                      Bob Hochtritt

                                 Robbie King                                  Bill Tuttle

                                 Cliff Cash                                      Jay Grosskopf

                                 Patrick Connor                              Mark Biggar

                                 Mike Pheifer                                 Dave Johnston

                                 Deb Johnston                                Joe Kaufman 

                                 Greg Ziegler                                  Steven Klima

                                 Steph Ziegler                                 Marilyn Danz

                                 Lois Ann Thron                             Sue Hochtritt

                                 Richard Brayton                            Greg Douglas

                                 Elizabeth Brayton                          Bob Nesemann

                                 Dennis Rufe                                   Mary Klima

                                 Gary Wich                                     Tom Danz

                                 Claire Wich                                    Dotty Meyer

                                 Kathy Prusse                                  Dick Meyer

                                  

Approval of Minutes – January 17, 2001

 

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the minutes of the Planning Commission meeting of January 17, 2001. Motion carried with 6 Aye, 1 Excused (Comm. Lewis).

 

1.  Annual Review of Town Comprehensive Plan

 

Director Dearborn reported to the Commission that the Town was recently awarded a  Comprehensive Planning Grant to update the comprehensive plan. Also, Director

 

Dearborn presented the plan’s current goals and revised timetables for completion. These revised completion dates would then be reviewed and approved through a public hearing. Commissioner Jochman congratulated the Town for receiving the grant in order to update the comprehensive plan.                                                                                                                                                                                                                                                                                                                                                                                                                             

 

2.  Certified Survey Map – JJR, LLC – (008-0705-10)

 

Director Dearborn explained that the CSM would split one lot into two newly created lots. In addition, Director Dearborn pointed out that the structures on the new eastern lot would be removed in order to possibly construct a new single-family home.

 

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

 

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

 

3. Review Off-Premise Sign for Mobil and McDonalds

 

Director Dearborn stated that the applicants were proposing a joint off-premise sign in the B-5 zoning district. Director Dearborn then explained that an amendment to the joint Town/County Zoning Ordinance would be required in order to allow the off-premise sign. Furthermore, the amendment would have to address the 10 ft. clearance requirement for signs since the applicants were also proposing monument signs onsite. This process could take over 60 days.

 

Chairperson Bellmer concurred with the staff recommendation that a proposed ordinance amendment would be the best possible solution. Mike Pheifer, 704 Millbrook Dr., clarified with Director Dearborn that the proposed off-premise sign would not be located on town property but rather on the Van Zeeland (Mobil) property.

 

Tim Vogel, representing McDonalds, stated that the joint sign would be aesthetically pleasing and be the best possible use of signage for the area.

 

Commissioner Jochman clarified with the Commission that the ordinance amendment would also remove the 30 ft. street setback requirement for monument signs in the B-5 zoning district.

 

Motion by Commissioner Pelton, seconded by Chairperson Bellmer, to allow Town staff to pursue an zoning ordinance amendment to allow off-premise and monument signs in the B-4 and B-5 zoning districts. Motion carried 6 Aye, 1 Excused.

 

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

 

 

 

 

4.  Town Conditional Use Permit – Wenzler Architects – (008-0240-03)

 

Director Dearborn explained that the applicant was applying for a Town CUP to construct an upscale two-story office building in the McMahon Business Park. Furthermore, Director Dearborn stated that general layout concept was acceptable but it must still abide to the conditions set forth by staff and the Planning Commission. The conditions are as follows:

 

1.      Fences – No fences are identified. Fences must abide to the B-5 zoning guidelines.

2.      Outdoor lighting –  All outdoor lighting must conform to the requirements of this district.  The applicant must provide a detailed lighting plan that shows what the lights will look like and the materials used. 

3.      Signs – No sign is identified.  The sign shall be reviewed by staff and approved by the planning commission and town board. The sign must conform to the requirements (e.g. height, clearance, sq.ft.) of the zoning ordinance.

4.      Parking – Parking is shown on the site plan.  Parking must meet the minimum requirements of the zoning ordinance (1 stall for each 300 sq. ft. of floor area).

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. 

7.      Landscaping – The applicant needs to submit a detailed landscaping plan. The B-5 district calls for a 30 percent minimum open space requirement.

8.      Garages & Storage Bldgs. – The application indicates that there will be a 1,050 sq. ft. garage and it must abide to the guidelines of the B-5 district.

9.      Setbacks and Square Footage – The site plan must indicate all setbacks (front, side, rear to the property line), dimensions, and square footage for all the proposed buildings. Parking lot & driveway setbacks must conform to the B-5 district. The building floor area ratio shall not exceed 40 percent.

10.  Exterior Façade -  The applicant needs to show detail of the exterior façade for the proposed office building. The Planning Commission may request to review the exterior façade or allow Town staff to do the final review.

11.  Drainage Plan – a drainage plan, with calculations, must be submitted to the Town Engineer for review & approval.

12.  Dedication of the road right of way and approval of the road design for the extension of McMahon Drive.

 

Cliff Cash, representing Wenzler Architects, and Greg Douglas, representing Miron Construction, displayed drawings (e.g. exterior, canopy, various views) of the proposed office building.

 

Mike Pheifer, 704 Millbrook Dr., clarified with the applicants that the office building would be the new corporate office for Miron Construction.

 

Bob Hochtritt, 1867 Eagle Dr., clarified with the Commission that the dedication of McMahon Dr. would be addressed and approved in the following CSM.

 

Motion by Chairperson Bellmer, seconded by Commissioner Van Dyke, to approve the Town CUP, with the specified conditions. Motion carried with 5 Aye, 1 Abstention, 1 Excused.

 

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

 

5.  Certified Survey Map – Midway Engineering Group Investments – (008-0240-03)

 

Director Dearborn reported to the Commission that the proposed CSM would split one lot into four newly created lots in the McMahon Business Park. The newly created Lot 2 would be the location of the proposed Miron office building. Finally, Director Dearborn stated that a Roadway Development Agreement would be done for the completion of McMahon Dr. The CSM then shows the completion of McMahon Dr. as being dedicated to the public.

 

Motion by Commissioner Van Dyke, seconded by Commissioner Pelton, to approve the CSM as submitted. Motion carried with 5 Aye, 1 Abstention, 1 Excused.

 

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

 

6.  Rezoning – Davel Engineering – (008-0250)

 

Director Dearborn explained that the applicant was proposing a rezoning from B-3 (General Business) to R-5 (Planned Residential District) for a multiple family project. Director Dearborn pointed out that the Future Land Use Map call for the property to be a Mixed Use, which then makes the proposed use conforming to the Comprehensive Plan. In addition, Director Dearborn explained that the present B-3 zoning allows many commercial uses by right and some limited combination of residential/commercial uses through a conditional use permit.

 

Director Dearborn then listed some of the characteristics of the proposed development: ten 12 unit apartments for a total of 120 units; density of 8.3 units per acre; two access drives onto Millbrook Dr.; and a berm to be used a screening on the western and southern portions of the property. Director Dearborn did point out that staff had concerns about the layout of the development and the need to better utilize the open space on the large 14.39-acre parcel. Finally, Director Dearborn stated that if a rezoning to R-5 were approved, then a CUP would then be required for the multi-family project. Chairperson Bellmer then clarified with Director Dearborn that some commercial uses would be allowed in the Planned Unit Development or R-5 district but a CUP would still be required.

 

Boyd Tracy, 1854 Eagle Dr., confirmed with the Commission that the proposed access drives would come off of Millbrook Dr. Jeff Marlow, the developer, responded to a question from Chairperson Bellmer about the access drives by explaining that he felt that the Millbrook Dr. access drives would be more efficient, concerning traffic flow, than access drives onto American Dr.

 

Bob Nesemann, 778 Millbrook Dr., pointed out that there are many walkers/joggers on Millbrook Dr. and then stated a concern over safety with an apartment complex located close to a single-family subdivision. Director Dearborn later stated that the condition for a sidewalk/trail on American Dr. could be added to the CUP. Furthermore, Director Dearborn addressed a similar concern from Tom Danz, 716 Treyburn Ct., by pointing out that there would be a trail on W. American that would extend out to Prospect Ave (BB) when the road is reconstructed within the next two years.

 

Mr. Nesemann also inquired about the proposed berm. Mr. Marlow explained that the berm would be 5 ft. in height, 60 ft. in width, and a total of 10 ft. screening with pine trees planted on top of the berm. Mr. Marlow went on to state that there was over 58 percent open space, a low density (8.3 units an acre), and an efficient planned traffic flow with the project.

 

Gary Wich, 732 Millbrook Dr., stated a concern about potential traffic increases to the nearby subdivision with the apartment project having two access drives onto Millbrook Dr. Commissioner Jochman then disagreed with this opinion and stated his view that most people would likely take American Dr. to get to Cold Spring Rd. as opposed to cutting through the nearby subdivision.

 

Larry Olsen, 1841 Eagle Dr., strongly objected to the plan, especially with a concern about low density single-family residential lots being close to an apartment complex.

 

John Davel, the applicant, explained that the layout could be adjusted since there was a lot of open space available. Concerning the traffic issues, Mr. Davel felt that a commercial use (e.g. convenient store) would generate more traffic flow than an apartment complex. Mr. Marlow then concurred with Mr. Davel about the possibility of the layout and access drives being adjusted.

 

Claire Wich, 732 Millbrook Dr., asked the developers about the target audience. Mr. Marlow explained that there would be upscale apartments to rent or condominiums to purchase. Furthermore, he stated that there would be 8 units upstairs and 4 units downstairs, with attached garages on the sides of each building. Mike Pheifer, 704 Millbrook Dr., pointed out that the majority of the apartments would consist of vinyl, as opposed to brick, and therefore felt that they were not upscale apartments.

 

Robbie King, 1849 Eagle Dr., inquired about any possible effect on the value of nearby homes if the apartment complex was constructed. Commissioner Jochman responded to this issue by pointing out a recent study that explored the value of homes adjacent to and further away (e.g. six blocks) from apartments. Commissioner Jochman stated that the study concluded that there was a zero correlation. Bill Tuttle, 1888 Eagle Dr., asked about the values of the homes in this study, in which Comm. Jochman responded by stating that they were in the $100,000-$200,000 range.

 

Chairperson Bellmer then stated that he personally preferred a development that would consist of a mix of single-family, duplex and commercial uses. Director Dearborn then interrupted to again point out the allowed used by right in the B-3 district and also to explain that the R-5 district does allow a combination of commercial and residential.

 

Commissioner Jochman recommended that the developer meet with some of the neighbors to discuss a new layout and design for the project, which the developer agreed to do. Mr. Davel then explained that Mr. Marlow only wanted to build a residential development.

 

Motion by Commissioner Schein, seconded by Chairperson Bellmer, to deny the rezoning as submitted. Chairperson Bellmer later withdrew his second and the motion failed.

 

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to delay the rezoning for thirty-days. Motion carried with 5 Aye, 1 Nay, 1 Excused.

 

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

 

7.  Conditional Use Permit – Davel Engineering – (008-0250)

 

The details for the CUP are stated in the rezoning for agenda item #6. The Planning Commissioners’ have the same recommendation for the CUP as they did for the rezoning.

 

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to delay the CUP for thirty-days. Motion carried with 5 Aye, 1 Nay, 1 Excused.

 

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

 

8.  Rezoning – Arthur Ladish – (008-5076)

 

Director Dearborn explained that the applicant was proposing a rezoning from R-2 (floodplain) to R-2 (non-floodplain), which would then eliminate the need to purchase flood insurance. In addition, this would allow the applicant to construct a home located on Gershwin Lane.

 

Arthur Ladish, the applicant, told the Commission that he had a DNR map that detailed the location of the wetlands on the property.

 

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

 

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

 

9.  Conditional Use Permit – Biggar Development LTD – (008-0354-02, 008-0354-03)

 

Director Dearborn reported to the Commission that the applicant was applying for a CUP to construct 3 residential apartments on the second floor of a commercial building. Furthermore, the parcel is zoned B-3 (General Business) so the residential apartments could not exceed 60 percent of the floor area of the structure. Director Dearborn did state that staff felt that this proposal was a good reuse of the building. Chairperson Bellmer clarified with the applicants on the location of the parking. Commissioner Koeppe asked if the first floor could someday be used for apartments but Director Dearborn explained that this would be difficult, especially when it came to the 60 percent zoning rule and other state building codes then coming into place.

 

The only condition set forth by staff is that all federal, state, and local regulations are complied with.

 

Motion by Commissioner Van Dyke, seconded by Commissioner Jochman, to approve the Conditional Use Permit, with the specified condition. Motion carried with 6 Aye, 1 Excused.

 

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

 

10. Text Amendments to the Winnebago County Zoning Ordinance

 

Director Dearborn listed some of the major proposed text amendments to the County Zoning Ordinance. For example, one amendment would mandate a 10 ft. fence be placed on commercial and industrial property that abuts residential property. Commissioner Jochman then stated that this fencing issue would arise with other zoning districts. Another amendment discussed by Director Dearborn entailed putting signs on a property indicating that there would be a public hearing on that property.

 

Motion by Commissioner Jochman, seconded by Commissioner Schein, to approve the text amendments to the Winnebago County Zoning Ordinance as submitted. Motion carried with 5 Aye, 2 Excused.

 

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

 

11. Review Exterior Façade for the Express Convenience Store

 

Director Dearborn and the applicants presented different drawings and pictures of what the exterior façade for the Express Convenience store would look like.

 

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the exterior façade as submitted. Motion carried with 6 Aye, 1 Excused.

 

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

 

 

OLD ITEMS OF BUSINESS

 

 

OTHER BUSINESS

 

1.  Review/Discuss Park Plan for Town Land located on the NE corner of E. Shady Ln. & County Rd. CB.

 

Director Dearborn presented the concept park plan for the town land located on the NE corner of E. Shady Ln. and County Rd. CB. Town Supervisor Russ Handevict, attending the meeting in the audience, discussed the history and current state of this town land.

 

 

ADJORNMENT

 

Motion by Commissioner Pelton, seconded by Chairperson Bellmer, to adjourn the meeting at 7.09 p.m. Motion carried with 6 Aye, 1 Excused (Comm. Lewis).

 

                                                                                             Respectfully submitted,

 

 

 

 

 

                                                                                              Jeffrey Smith

                                                                                              Associate Planner