PLANNING COMMISSION MEETING MINUTES

Town Hall, Wednesday January 17, 2001 for approval at the

2/21/01

 

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: Jay Grosskopf                               Paul Moran

                                             Terry Bomier                                Jolene Moran

                                             David Schwartzbauer                   Kara Henschel

                                             Jeff Ziolkowski                             Jim Kriha

                                             Jane Bahr                                      Debra Smith

                                             Ann Coyle                                    William Smith

                                             Mark Goetzinger                           Sue LaSage

                                             Tim Vogel                                     David Sellier

                                             Todd Van Zeeland                         Chuck Van Zeeland

                                             Bob Drifka                                     Mark Nelessen

                                             John Davel                                     Jeff Schmidt

 

 

 

Approval of Minutes – December 13, 2000

 

Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the minutes of the Planning Commission meeting of December 13, 2000. Motion carried with 6 Aye, 1 Excused (*Comm. Lewis arrived at 5:04 p.m.*).

 

1.  Conditional Use Permit – Century Oaks Home, Inc. – (008-0267-03, 008-0267-01)

 

Director Dearborn reported to the Commission that the applicant was proposing an 80 unit Community Based Retirement Facility (CBRF) on the NE corner of Cold Spring Rd. and West American Dr. There would then be a density of 9.3 units per acre. Director Dearborn did comment that the CBRF was an allowed used by right in the R-1 zoned district and should be approved if the applicants were willing to abide to the conditions set forth by staff, citizens, Planning Commission, and Town Board. Director Dearborn did point out that staff had received some calls from residents over concerns about parking and screening. Comm. Koeppe then clarified with the Commission that the CBRF use conformed to the Future Land Use Map. Chairperson Bellmer inquired about the exterior façade, in which Director Dearborn responded by explaining that the basic concept was acceptable but it still needed more detail.

 

Jeff Schmidt, 980 Highland Park Rd., questioned the distance from the parking lot and CBRF to the residential homes on Highland Park Rd. Director Dearborn explained that it was approximately 64 ft. and later a Century Oaks representative stated that the height of the CBRF was approximately 16 ft. Mr. Schmidt did state a concern about the Highland park neighborhood eventually being surrounded by multi-family developments.

 

Jim Kriha, 989 Highland Park Rd., requested that a 6 ft. berm and a wood fence be used as screening from the residential areas. A Century Oaks representative explained that there would be cedar trees, placed 2 ft. apart, used for screening. Director Dearborn then warned the Commission that berms do cause drainage problems. Comm. Jochman later noted that if a berm was used, it should be a small one and furthermore, the zoning ordinance allows for a maximum 6 ft. fence.

 

William Smith, 969 Highland Park Rd., preferred the CBRF to be located across the street or further east. Mr. Smith then explained that the Town promised that the land in question would be single-family residential when W. American Dr. was constructed.

 

Comm. Jochman clarified with the Commission that if the CBRF failed after a few years, then a multi-family use for the property or building would not be possible, since the property lies within an R-1 zoning district. William Smith then asked how the value of the Highland homes would be affected if the CBRF was built. Comm. Jochman responded by explaining that studies have shown a zero correlation between the value of homes located near a multi-family development and homes further away (e.g. six blocks). Chairperson Bellmer then stated that it would be hard for the Commission to deny the CUP since the project did conform to the zoning ordinance and future land use map.

 

Jane Bahr, 1049 Highland Park Rd., asked about the number of staff that would be employed at the CBRF, in which a Century Oaks representative responded by stating there would be twenty staff persons. Over a concern by Ms. Bahr about the parking lot, Director Dearborn explained that it could be redesigned based on the Commissions’ and citizen input. A Century Oaks representative stated that the project probably only required about 40 parking spaces as opposed to the 70 parking spaces currently shown on the plan. This reduction in parking would occur with the northern spaces, which would then alleviate some of the concerns by nearby residences. Chairperson Bellmer later responded to a concern about lighting by explaining that full cut off lights only glare on the building and parking lot, not on the nearby residential lots.

 

Comm. Jochman recommended that the Highland Park Rd. neighbors meet with the applicants to discuss screening, parking, and other relevant issues. Comm. Pelton concurred with this idea and pointed out that the neighbors should select a few representatives. Director Dearborn explained that he preferred that the landscaping/screening plan come back to the Planning Commission after these meetings took place.

 

Comm. Pelton then made a motion for a 30-day delay in order for the applicants, staff, and the neighbors to discuss these issues. Comm. Pelton soon withdrew the motion.

 

Dave Sellier, 979 Highland Park Rd., stressed a concern over traffic and recommended the placement of a cul-de-sac at the end of Highland Park Rd. Jane Bahr recommended adding a condition that would not allow the small portion of the land on the western end of the property to be detached and sold at a later date.

 

The conditions set forth by staff are as follows:

 

1.      Installation of a 10 wide asphalt pedestrian trail along West American Drive.

2.      An internal sidewalk connecting to this trail.

3.      Submittal and approval by staff of a detailed site plan incorporating the following information

(a)    A drainage plan meeting all Town requirements

(b)   A landscape plan showing how the development will be screened from the adjacent single-family residential area.

(c)    An exterior façade detail that shows how the development will be made compatible with the adjacent residentially zoned property. 

(d)   A lighting plan that limits light to the development only by the use of full cut off fixtures.

(e)    Compliance with all other local, state and federal requirements

 

Comm. Jochman amended a motion for approval, which was seconded by Comm. Pelton, to add a new condition #4 stating that the neighbors meet with the applicants to discuss landscaping, parking, screening; and then bring back the landscaping plan to the Planning Commission. The amended motion carried unanimously.

 

Motion by Commissioner Lewis , seconded by Commissioner Pelton , to approve the CUP, with the four specified conditions. Motion carried unanimously.

 

2.  Rezoning - Timothy Halbrook – (008-0514[p], (008-0519 [p]), (008-00516 [p]), (008-0521-01 [p])

 

Director Dearborn explained that the rezoning would adjust the rezoning area for the wetlands overlay district to reflect the true wetlands area. Director Dearborn pointed out that the Wildlife Heights single-family subdivision would not be recorded until the rezoning was done. In response to question by Chairperson Bellmer about the area of wetlands to be amended, John Davel responded by explaining that Winnebago County required the rezoning in order to be able to amend their wetland boundary map. David Schwartzbauer, 1089 Irish Rd., clarified with the Commission on actual location of the wetlands rezoning.

 

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

 

3.  Town Conditional Use Permit – McDonalds Corporation – (008-0231-04 [p])

 

Director Dearborn reported to the Commission that McDonalds was proposing a new restaurant that shall be located next to the Van Zeeland convenience and carwash project on the SW corner

of W. American Dr and County Rd. CB. Director Dearborn then went through some of the major conditions of the Town CUP, such as lighting and screening. Director Dearborn did point out that the applicant, along with the Van Zeelands, were proposing a joint off premise sign, which would require the approval of the Planning Commission and Town Board. If necessary, Director Dearborn stated that the exterior façade could be modified. Finally, Director Dearborn stated that the plan does not meet the 30 percent open space requirement and that enhanced landscaping could possibly be substituted for the percentage still lacking.

 

Tim Vogel, representing McDonalds, explained that the final landscaping plan has not been completed yet but the final landscaping would be impressive. Furthermore, Mr. Vogel stated that the landscaping plan has about 25 percent open space and thus needs 5 percent more. Mr. Vogel did go on to state that he preferred the option of enhanced (unique) landscaping to make up for the 5 percent. Mark Goetzinger, representing McDonalds, pointed out where the landscaping would be located on the parcel.

 

Comm. Jochman stated that the Planning Commission should not get involved with the details of the final 5 percent open space needed but rather allow Town staff work out these details with the applicant.

 

The conditions for the Town CUP are as follows:

1.      Fences – Fences shall be identified if planned

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

3.      Signs – Signs have been identified.  The majority of the signs are either direction signs or are attached to the building.  The one-onsite freestanding sign consists of a standard McDonalds identification sign and a reader board.  These signs combined are less than the maximum allowed 100 square feet.   The design of this sign is a standard McDonalds format.  The applicant is also proposing an offsite sign.  This sign is not allowed except by special exception.  Application will have to be made to the Town and approval would have to be granted by the Planning Commission and the Town Board.  In addition, the B-5 zoning district requires approval of the placement and design of the sign. 

4.      Parking – Parking is identified on the plan and meets the minimum requirements of this district.  The parking area must be hard surfaced. 

5.      No garages or storage buildings are identified on the site. 

6.      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. 

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

8.      An exterior representation of the proposed building is shown below.  This proposed façade is a new design for McDonalds.  Staff suggests that this design would be unique and compatible with the future uses.  This zoning district does give the town full authority to specify the building design.

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

10.  A 5-foot wide concrete sidewalk shall be constructed along West American Drive to provide for pedestrian flow. A connection to this sidewalk shall be provided to the site. 

11.  The site plan must be revised to show future access to the south to the road that will be constructed on the adjacent property south of this development.  In addition, access shall be provided between this development and the parcel bordering this parcel on the east.

12.  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.  This review shall include incorporation of all required general and basic regulations of the B-5 zoning district.

 

Motion by Chairperson Bellmer, seconded Commissioner Van Dyke, to approve the Town CUP, with the specified conditions. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer, Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Comm. Schein Excused (*Comm. Schein left at 6:05 p.m.).

 

4. Review exterior façade for Van Zeeland project

 

Director Dearborn displayed different views of the exterior façade for the convenience store and car wash on the SW corner of W. American Dr. and County Rd. CB. The buildings will consist of a smooth-surface blue brick with an angled roof. Todd Van Zeeland, the applicant, explained that the angled roof would consist of blue shingles. Chairperson Bellmer asked if the design was similar to other Mobil stores. Mr. Van Zeeland responded by stating that the roof was the only portion that was designed differently from other Mobil stores.

 

Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the exterior façade for the Van Zeeland convenience and car wash project. Motion carried with 5 Aye, 1 Excused, 1 Abstention.

 

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

 

OLD ITEMS OF BUSINESS

 

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

 

Director Dearborn explained that the applicants met with staff to refine the conditions for the proposed convenience store and carwash located on the NE corner of W. American Dr. and County Rd. CB. The major condition discussed at that meeting concerned screening for the entire parcel.

 

Comm. Jochman was concerned about the condition for a sidewalk on Olde Buggy Dr. Director Dearborn explained that when the commercial area continued to develop, the sidewalk would assist with pedestrian access. Director Dearborn went on to state that a Certified Survey Map (CSM), splitting the parcel, might be completed in the next few months for another B-5 allowed use.

 

Chairperson Bellmer made an amendment to the motion for approval, which was seconded by Comm. Lewis, to add the condition that the exterior façade be taken back to the Planning Commission for review and approval. Motion carried with 6 Aye, 1 Excused (Comm. Schein).

 

The refined conditions for the Town CUP are then as follows:

 

1.        Fences – Fences are identified. Fences must abide to the B-5 zoning guidelines.

2.        Outdoor lighting –  Two 25’ (height) light poles are shown. Also, two light poles are shown but no heights are given.   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 – One sign is identified.  The sign shall be reviewed by staff and approved by the planning commission and town board. The applicant states that the sign will conform to the requirements (e.g. height, clearance, sq.ft.) of the zoning ordinance.

4.        Parking – Parking is shown on the site plan. It shows 26 parking spaces and two handicapped spaces. Parking meets the minimum requirements of the zoning ordinance.

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. The applicant intends on putting one on the roof of the convenience store and it must then be in conformance with the requirements of the B-5 zoning district. 

7.        Landscaping – The site plan shows detailed landscaping on the property. The B-5 district calls for a 30 percent minimum open space requirement, which the applicant meets. The applicant may need to add more screening on the northern portion on the property that is adjacent to Apple Valley Church.

8.        Setbacks and Square Footage – the site plan indicates all setbacks (front, side, rear to the property line and between buildings), dimensions, and square footage for all the proposed buildings. Parking lot & driveway setbacks are conforming. The building floor area ratio is conforming. The building setbacks are conforming.

9.        Exterior Façade -  The exterior façade of the proposed buildings are shown and they need to be compatible with the intent of this district. The exterior façade consists of split-face block and burnish block. The exterior façade shall be taken back to the Planning Commission for review and approval.

10.    Drainage Plan – a drainage plan was submitted to the Town Engineer but it was inadequate. Also, no calculations were submitted. The applicant needs to resubmit a revised drainage, with calculations, to the Town Engineer. The revised drainage plan was denied.

11.    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.

12.    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. In addition, there shall be fencing (6 ft.) or another type of screening (e.g. 4-6 ft. berm with landscaping on it) on the eastern end (Olde Buggy Dr.) of the property. If or when a second use is put in at a later date (e.g. fast food?), there will be further screening mandated that will need to be acceptable by Town staff.

13.    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.

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

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

16.    The developer shall install a 10-foot wide intermodal trail along portion of the property that fronts on West. American Dr. If there is not enough room for the 10 ft. trail in the right-of-way, then the applicants will provide for an easement or dedication to the Town for the area needed for the trial. All setbacks must still be conforming. Also, the portion of the trail that will front on the other potential use (e.g. fast food) can be phased in.

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

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

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

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

 

Motion by Commissioner Van Dyke, seconded by Commissioner Pelton, to approve the Town CUP, with the specified conditions. Motion carried with 6 Aye, 1 Excused.

 

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

 

OTHER BUSINESS

 

Director Dearborn explained that the CUP for the cell tower from the last Planning Commission meeting was approved by the Town Board. In other news, Director Dearborn stated that the County Comprehensive Plan has been put on hold.

 

ADJOURNMENT

 

Motion by Commissioner Lewis, seconded by Commissioner Koeppe, to adjourn the meeting at       6:40 p.m. Motion carried with 6 Aye, 1 Excused (Comm. Schein).

 

                                                                                      Respectfully submitted,

 

                                                                                     

 

 

 

                                                                                      Jeffrey Smith

                                                                                      Associate Planner