PLANNING COMMISSION MEETING MINUTES

Town Hall, Wednesday August 21, 2002 for approval at the

9/18/02 meeting

 

 

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

 

PRESENT:   Chairperson Alvin Bellmer, Planning Commissioners’ Charles Lewis,

                      Michael Van Dyke, Dennis Jochman (*arrived at 5:06 p.m.), Harold

                      Pelton, Kris Koeppe, and Richard Ratchman. Community Development

                      Director George Dearborn and Associate Planner Jeffrey Smith.

 

 

ALSO PRESENT:   Tom Beck

                                 Mike Vanden Heurel

                                 Brent Braun

                                 David Schwartzbauer

                                 Bob Liedl

                                 Bob Ramsey

                                 Dan Hoel

                                 Lorraine LaFond

                                 Patrick Medo

                                 Richard LaFond

                                 Paul Beuther

                                 Joe Kaufman

                                 Larry Fredrick

                                 Carol Fredrick

                                 Cormac McInnis

                                  Jack Klein

                                  Terry Barwick

                                  John Gabbey

                                  Bert Stitt                             

                                                             

Approval of Minutes – July 17, 2002

 

Motion by Commissioner Pelton, seconded by Chairperson Bellmer, to approve the minutes of the Planning Commission meeting on July 17, 2002 as submitted. Motion carried with 6 Aye, 1 Excused (Comm. Jochman).

 

 

1.  Certified Survey Map – Martenson & Eisele, Inc. – Twelve Oaks Lane – (008-0340-05-04, 008-0340-05-05)

 

             Director Dearborn explained that the CSM would slightly adjust the lot line for a

             previously approved CSM that created two new R-2 (Single-Family) lots. This

             would then allow the construction of two new single-family homes. Chairperson

             Bellmer clarified that the CSM was only adjusting the lot line by 5.74 feet.

Motion by Chairperson Bellmer, seconded by Commissioner Van Dyke, to approve

CSM as submitted. Motion carried with 6 Aye, 1 Excused.

 

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

 

2.  Certified Survey Map – Martenson & Eisele, Inc. – W. American Dr. - (008-0224-03)

 

Director Dearborn stated that the CSM would split one lot into two newly created lots. Lot 1 is the location of the recently constructed convenience store/gas station. Lot 2 is now being marketed for a B-5 (Planned Commercial Business District) use. Chairperson Bellmer noted that the CSM indicated the shared ingress/egress easement for both lots.

 

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

 

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

 

3.  Certified Survey Map – Martenson & Eisele, Inc. – Cold Spring Rd. - (008-0123, 008-0123-01, 008-0129-01)

 

Director Dearborn reported to the Commission that the CSM would create two new lots from three existing lots. Lot 1 will be owned by WE Energies and Lot 2 is owned by Northeast Asphalt. This CSM would then allow NE Asphalt to expand their industrial quarry operation. Jeff Smith, Associate Planner, pointed out that WE Energies would have to rezone the newly created Lot 1 in order for it to have one uniform zoning. The rezoning would be submitted at a future meeting and it would most likely be rezoned to M-2 (Heavy Industrial).

 

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

 

4.  Rezoning – Martenson & Eisele, Inc. – Jacobsen Rd. - (008-0235-04)

 

Director Dearborn stated that the subject property was proposed to be rezoned from A-2 (General Farming) to R-5 (Planned Residential) for a single-family condominium project. The R-5 zoning allows for unique tools, such as a zero street setback, in order to promote open space and to cluster units. The rezoning to R-5 then also requires a conditional use permit, which is the next agenda item.

 

Motion by Commissioner Lewis, seconded by Commissioner Pelton, to approve the rezoning from A-2 to R-5 as submitted. Motion carried unanimously.

 

 

 

 

 

5. Conditional Use Permit – Martenson & Eisele, Inc. – (008-0235-04)

 

Director Dearborn stated that the applicant recently submitted a revised plan for the single-family detached condominium project. The original project proposed two cul-de-sacs and the new plan now has the road looping around and connecting. The original plan would have required sprinklers since there would be two long cul-de-sacs. The revised plan would not require sprinklers, even though they would still be desired by Town staff, since the road would be looped around. The developer is proposing private roads and Director Dearborn stressed that the Town would want them dedicated to the public, especially since they would have to be constructed to Town specifications. There are 46 units proposed that average from 1,800 to 2,000 sq. ft. Director Dearborn explained that these units would most likely be targeted for seniors (retirement age) and be owner occupied as required by the private covenants.

 

Director Dearborn briefly described how both the wetlands and navigable stream on the property limit the amount of development area but does lend itself towards an R-5 cluster planned unit development. The density of the project would be 2.7 units an acre, which was common for R-2 single-family developments. Furthermore, the units would be priced in the upper $170,000 to mid $180,000 range.

 

Chairperson Bellmer questioned if the property to the east was developable and Director Dearborn stated that the property had no access to a public road and was further limited by the existing wetlands.

 

Bob Ramsey, the developer, desired an internal public road but explained that County zoning limitations may not allow it. Director Dearborn and Associate Planner Smith did interpret the R-5 zoning district to allow for a zero street setback for either a private or public road.

 

Richard Lafond, 1542 Jacobsen Road, stated that he owned the property to the east of the project and wanted a public road as opposed to a private road for the development. Mr. Lafond stressed the importance of the road being built to Town specifications so it could handle fire trucks and other large apparatus. Mr. Lafond also clarified with the developer the location of bedrock on the subject property.

 

Jack Klein, 1602 Jacobsen Road, explained that the original property owner, John Lehl, had always planned for the property to be platted for single-family homes and therefore condominiums would not be desired. Mr. Klein later stated that the project should have a second access.

 

Mike Vandenheuvel, 1670 Jacobsen Road, shared some of his major thoughts on the project such as: 1) Many residents are not familiar with the differences between single-family condominiums and single-family platted homes; 2) Access is a concern from Jacobsen Road and there should be another access point. Director Dearborn responded to this second point by explaining that another access could come from Irish Road but this would require condemning portions of other properties that were adjacent to Irish Rd. Director Dearborn later discussed the Town’s assessment policy and stated that Jacobsen Rd. has been identified already for reconstruction. The reconstruction of Jacobsen Rd. would then not be triggered as a result of the proposed project.

 

Director Dearborn described how single-family condominiums were similar to single-family platted subdivisions in that they either could be sold or rented. But the developer most likely would have restrictive covenants that would not allow the units to be rented. In addition, Director Dearborn explained how the densities of condo’s and single-family were similar (typically 3-5 units an acre) and an advantage of the R-5 condominium project was that the Town could regulate the design and type of units in the development. Commissioner Jochman concurred with the density issue by explaining that the proposal was 2.7 units an acre and a single-family platted subdivision could have up to 5 units an acre.

 

Larry Fredrick, 1531 Jacobsen Road, clarified with the Commission that Jacobsen Road would be reconstructed sometime in the future but not as a result of this project. Mr. Fredrick also reiterated that the only road improvement for this project would involve widening the access at Jacobsen Rd., which would be paid for by the developer. There would then be no additional cost to adjacent property owners for this required off-site improvement.

 

Commissioner Jochman pointed out that the Town’s Comprehensive Plan has been identifying the need for reconstructing Jacobsen Rd. for many years but the final decision has to come from the Town Board since it was then a fiscal issue. Furthermore, the Town Board would then have to address whether or not the tax levy should be adjusted for this road and other needed road improvements in the Town. Commissioner Pelton later explained that these road reconstructions can be very costly.

 

Paul Beuther, 1470 Jacobsen Road, asked about the adjacent church property development timeframe and whether or not there would be a connection between the two developments. Associate Planner Smith responded by explaining that the church rezoning to P-1 in 2000 included a deed restriction that mandated the church to develop within five years or it has to revert back to the original A-2 (General Farming) zoning. Furthermore, Mr. Smith stated that the church has not approached staff yet with any concept plan for their property. One of Mr. Beuther’s major concerns dealt with the lack of pedestrian access currently on Jacobsen Road.

 

Carol Fredrick, 1531 Jacobsen Road, clarified with Director Dearborn that other single-family developments may not have restrictions on the type of homes allowed, such as manufactured homes. Private covenants could only restrict certain designs of houses in regular R-2 subdivisions whereas the Town could have more control over the design and type of units within the R-5 district.

 

Terry Barwick, 1532 Jacobsen Road, was concerned with the traffic currently on Jacobsen Rd. and with the potential traffic coming from the proposed development.

 

Commissioners’ Lewis and Ratchman then briefly described how the traffic flow on Stroebe Island was minimal. Stroebe Island was similar to this proposal since both had one access point and a combination of single-family homes and condominiums.

Brent Braun, 1697 Jacobsen Rd., pointed out that there is speeding problem on Jacobsen Rd. Mr. Braun further emphasized how the road was not suited for pedestrians. Director Dearborn then explained that Jacobsen Rd. currently can handle automobile traffic but it was not yet designed for pedestrian traffic.

 

After discussing and hearing the various comments on the project, the Commissioners listed the changes and additions that would be needed to staff’s recommended conditions of approval for the CUP. The revised conditions are as follows:

 

1.      A drainage plan, with calculation, is submitted to the Town Engineer for approval.

 

2.      Details of the design and façade of the units are provided to Town staff for review and approval.

 

3.      A detailed site plan is submitted to Town staff for review and approval.

 

4.      Jacobsen Road shall be widened to include deceleration lanes for the road accessing this development to facilitate increased traffic that this development will generate.

 

5.      The dedicated public roads and cul-de-sacs shall meet Town specifications.

 

6.      Winnebago County will require a condominium plat, which will be reviewed by the Town as well.

 

7.     There shall be pedestrian access from Jacobsen Rd., passing through the development, to the future State Highway 10 trail.

 

8.      The project complies with all other federal, state, and local regulations.

 

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

 

6.  Rezoning – Neenah Joint School District – Spring Rd. Drive – (008-2699, 008-2698, 008-2697, 008-2700)

 

Director Dearborn stated that the Spring Rd. Elementary was proposing to construct an outdoor shelter on a separate parcel. Since the separate parcel and a few other adjacent parcels were zoned R-2 (Suburban Single-Family), they would have to be rezoned to P-1 (Institutional & Recreational Park). Originally, staff was requiring a CSM to combine all the lots in order for the new shelter to conform to all of the P-1 zoning requirements. Winnebago County recently interpreted the proposal to not require a CSM.

 

Tom Beck, representing the Neenah Joint School District, stated that the County would not require a CSM but the school district would want one when the funds were available in the future.

 

Motion by Commissioner Jochman, seconded by Commissioner Van Dyke, to approve the rezoning from R-2 to P-1 as submitted. Motion carried unanimously.

 

7.  Final Plat – Davel Engineering – McGann Acres – Irish Rd. – (008-0516-09)

 

Director Dearborn briefly discussed the revisions that were made to the final plat. For example, the existing garage within the environmental corridor could remain since the property owner received a valid Town and County permit for it before Mudd Creek was identified as navigable by the Department of Natural Resources.

 

The conditions on the final plat are as follows:

 

1.      A drainage plan, with calculations, is submitted to the Town Engineer for approval.

2.      Outlot 1 is attached to the adjacent residential property.

3.      The property is rezoned from A-2 (General Farming) to R-2 (Suburban Single-Family).

4.      Approval of all agencies and all other governmental entities with authority to object to a plat.

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

 

8.  Certified Survey Map – Davel Engineering – 1089 Irish Rd. – (008-0516-09, 008-0516-04)

 

Director Dearborn stated that the McGann Acres final plat had an outlot that would not be acceptable to the Town or Winnebago County. Therefore, a CSM would combine the outlot with an adjacent lot that was located outside of the McGann plat. The adjacent residential lot would still meet the street setback when McGann Court was constructed.

 

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

 

9.  Final Plat – Davel Engineering – 2nd Addition to High Plain Meadows – (008-0169[p])

 

Director Dearborn reported to the Commission that the applicant provided the final plat for the last extension of High Plain Meadows. The required revisions, such as clarifying the drainage and utility easements, were provided on the final plat.

 

The conditions on the final plat were as follows:

 

1.      A drainage plan, with calculations, is submitted to the Town Engineer for approval. If a berm is proposed, then it must be clearly identified on the drainage plan.

2.      Fencing or some other form of secure barrier shall be placed along the northern portion of the plat that is adjacent to an active quarry.  This will to ensure that access is limited to this property.

3.      Approval of all agencies and all other governmental entities with authority to  object to a plat.

Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the Final Plat, with the specified conditions. Motion carried unanimously.

 

 

OLD ITEMS OF BUSINESS

 

 

OTHER BUSINESS

 

Bert Stitt explained that he was working with a firm, PDI, on the recent update to the County Comprehensive Plan. Mr. Stitt was mainly hired to deal with the conflicts arising between the urban and rural communities. One such conflict technique would involve problem-solving workshops.

 

Director Dearborn reported that the Town CUP for the proposed strip mall would come back to the Planning Commission at a future meeting.

 

ADJOURNMENT:

 

Motion by Commissioner Lewis, seconded by Commissioner Van Dyke, to adjourn the meeting at 6:59 p.m. Motion carried unanimously.

 

                                                                                   Respectfully submitted,

 

                                                                                         

 

 

                                                                                    Jeffrey Smith       

                                                                                    Associate Planner