Town Hall, Wednesday September 19, 2001 for approval at the

10/17/01 meeting


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 Richard Ratchman. Community Development Director George

                     Dearborn and Associate Planner Jeffrey Smith.


ALSO PRESENT:   Mark Martens

                                 Shane Murphy

                                 John Kobinsky

                                 Ruth Kobinsky

                                 Susan Phillips

                                 Paul Zwirchitz


Approval of Minutes – August 15, 2001


Motion by Commissioner Van Dyke, seconded by Commissioner Pelton, to approve the minutes of the Planning Commission meeting on August 15, 2001. Motion carried unanimously.


1.  Conditional Use Permit – Golf Bridge LLC – Golf Bridge Dr. – (008-0264-06, 008-0264-07)


Director Dearborn reported to the Commission that that applicant was requesting a CUP in order to construct six 8-unit apartments on property that was zoned R-5 (Planned Residential). This proposal would be an extension of an existing apartment complex, located off of Golf Bridge Dr. Director Dearborn then listed the adjacent land uses, which included a mix of R-5, R-3 (Two-Family), and R-2 (Single-Family). Furthermore, Director Dearborn stated that the overall density of the existing and proposed apartments would be 13.4 units per acre, which violated the Town’s density standard of 12 units per acre. Finally, Director Dearborn pointed out a letter and a phone call that stated the need for screening to be used with this project.


                        Based on the density violation, Chairperson Bellmer asked the developer to alter the

                        density of the project. Shane Murphy and Mark Martens, the developers,

                        mentioned to the Commission about the possibility of reducing a certain number

            of units from one of the proposed buildings in order to meet the density requirement. In addition, the developers stated that the apartments would be upscale and furthermore, the proposal would enhance the existing apartments.


Commissioner Jochman stated that the Town’s density standard of a maximum of 12 units per acre should be reinforced in this case, especially since there are other multi-family projects nearby that already comply with this density standard.


John Kobinsky, 857 Mill Pond Lane, explained that many children use the current open/green space.


Paul Zwirchitz, 1796 Mill Pond Lane, stated that he opposed the density of the current proposal, especially with single-family homes nearby. Mr. Zwirchitz would then support a lower density. In addition, Mr. Zwirchitz explained that there should be screening, such as fencing, to be incorporated into the project. Finally, Mr. Zwirchitz pointed out that there could be new drainage problems created by the proposed development. Chairperson Bellmer soon pointed out that the applicant would have to submit a drainage plan for the project.


Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to delay the decision on the CUP for thirty-days. Motion carried unanimously.


2.  Joint Town/Winnebago County Zoning Ordinance Text Amendment to Section 17.30 (3)


Director Dearborn explained that the zoning text amendment would allow for a zero setback on a railroad right-of-way in the B-4, M-1, and M-2 zoning districts. Director Dearborn then stated that the text amendment originated from a case in the Town, in which a business (Stowe-Woodward) was denied a variance request by the County for building additions, since it would violate the 50 percent rule for nonconforming buildings. Director Dearborn stated that the amendment would allow many businesses that share this unique condition (located on railroad right-of-way) to then remain in the County. If building additions were not allowed in these situations, then many businesses may decide to relocate elsewhere.


Chairperson Bellmer asked if the railroads have responded to the text amendment request. Director Dearborn responded by explaining that the railroads would have no problem with it since these types of buildings were designed for railroad access.


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








Director Dearborn discussed the results and progress of recent Planning Commission actions, such as a Gateway CSM and the construction of a video store. Also, Director Dearborn mentioned to the Commission that the first public hearing for the Comprehensive Plan update would take place on October 15.


Deputy Fire Chief, Susan Phillips, commented to the Commission that the Town Fire Department would prefer a sprinkler requirement to be used as a development incentive for multiple-family projects.




Motion by Commissioner Pelton, seconded by Commissioner Lewis, to adjourn the meeting at  6:01 p.m. Motion carried unanimously.



                                                                                   Respectfully submitted,





                                                                                    Jeffrey Smith

                                                                                    Associate Planner