PLANNING COMMISSION MEETING MINUTES

                          Town Hall, Wednesday July 19, 2000 for approval at the

                                                           8/16/00 Meeting

                                 

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

 

            PRESENT:  Chairman Bellmer and Planning Commissioners’ Chuck Lewis, Dennis

                                 Jochman, Michael Van Dyke, Kris Koeppe, and Tom Schein.

                                Community Development Director George Dearborn and Associate Planner

                                Jeffrey Smith.

 

            EXCUSED:  Commissioner Greuel

       

            ALSO PRESENT:  Trent Novotny                             Carol Fredrick

                                            Rick Sweere                                Larry Fredrick

                                            Gary Zahringer                            Paul Beuther

                                             Jim Smith                                   Collette Beuther

                                             John Bridges                               Terry Barwick

                                             Peter Barwick                             Bailee Barwick

                                             Gerald Van Oudenhoven            Steve Shelley

                                             Robert Francart                           Cormac McInnis                        

                                             Mike Schneider

 

Approval of Minutes – June 21, 2000

 

Motion by Commissioner Lewis, seconded by Chairman Bellmer, to approve the minutes of the Planning Commission Meeting of June 21, 2000. Motion carried with 6 Aye; 1 Excused. Chairman Bellmer, Commissioners’ Lewis, Jochman, Van Dyke, Koeppe, Schein Aye; Commissioner Greuel Excused.

 

1.  Public Hearing – Comprehensive Plan Amendment – Consolidated Construction Company

 

Director Dearborn indicated that the applicant was proposing to change the Future Land Use Map for an office building development. The property is currently zoned A-2 (General Farming) and the Future Land Use Map indicates that it is intended to be Mixed Residential. The applicant would then apply for a B-5 (Business Park) rezoning if the Comprehensive Plan Amendment was approved. Director Dearborn reiterated the statement from the previous Planning Commission meeting that one of the goals of the Town was to concentrate commercial development around the County CB and State Rd. 10/ W. American Drive area. Director Dearborn clarified the fact that the proposed land use change would be only for the property in question.

 

 

 

 

 

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Chairman Bellmer then opened up the hearing for public discussion. Paul and Collette Beuther, 1470 Jacobsen Rd., stressed the fact that they were not in favor of the land use change and also fearful of other allowable uses in the B-5 zoning district. Steve Shelley, representing Consolidated Construction, explained that out of the 16 available acres, only 7 acres were buildable and the remaining 9 acres were wetlands. Furthermore, Mr. Shelley stated that access would come only from Jacobsen Road and he felt that the only suitable use of the land was an office development. Mr. Shelly then responded to a question by Comm. Lewis by explaining that there would have to be extensive fieldwork done (e.g. blasting) if the land would be used for single-family.

 

Larry Frederick, 1531 Jacobsen Rd., told the Commission that he did not have a problem with the land being used for an office building and felt that the land (e.g. wetlands, bedrock, topography) was not suitable for single-family. Terry Barwick, 1532 Jacobsen Rd., also did not have a problem with an office building but was fearful of the other allowed uses in the B-5 zoning district. Chairman Bellmer then interrupted in the public discussion to point out that the public hearing was addressing the proposed change to the land use plan, not a rezoning application. The owner of the subject property explained that the best possible use of the land was an office building and that he would oppose a rezoning if the project was abandoned.

 

Director Dearborn then clarified that the amendment to the Comprehensive Plan was the first step in the process and that a rezoning, which there was no guarantee to be approved at a later date, would be the next step. Director Dearborn then went on to explain that decisions should reflect the Comprehensive Plan, so a rezoning request in the future would only realistically be approved if the Future Land Use Map indicated the proposed property as a Mixed Commercial Use. Furthermore, Director Dearborn stressed the fact that the B-5 zoning district gives Town Staff a lot of authority over the project, such as detailed site plan, landscape plan, and façade requirements. Finally, Director Dearborn suggested possibly designating the property as a Special Use, which allows identifying only the “appropriate uses for the area.”

 

Janet Barwick, 1532 Jacobsen Rd., stated that she was fearful of having different land uses concentrated in one area and hence opposed the proposed amendment to the Comprehensive Plan. On the other hand, Larry Frederick, 1531 Jacobsen Rd., pointed out that adjacent land uses (some industrial, commercial, and residential) make the property suitable for an office park. A representative from Consolidated Construction stated that the $3 million project would increase nearby property values and also would promote open space/walking paths. The representative also felt that nearby property owners would not want a multiple-family development on the subject property.

 

Commissioner Koeppe then suggested that the Future Land Use Map should be amended for the subject property as a Special Use classification. For example, because of the uniqueness of the area, the property could be identified for only some certain commercial and residential uses.

 

 

 

 

 

 

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Motion by Chairman Bellmer, seconded by Commissioner Lewis, to approve the Comprehensive Plan Amendment, which changes the land use to the Special Use classification subject to a Rezoning and Town Conditional Use Permit application. Motion carried with 3 Aye, 2 Nay, 1 Abstained, 1 Excused.

 

Chairman Bellmer, Commissioners’ Lewis, Koeppe Aye; Commissioners’ Van Dyke, Schein Nay; Commissioner Jochman Abstained; Commissioner Greuel Excused.

 

2. Certified Survey Map – Kimberly-Clark Corp. – (008-0587-01, 008-0587-02, 008-0587)

 

Director Dearborn reported to the Commission that the CSM on N. Lake St. was proposing to combine three parcels into one. The surveyor from Martenson & Eisele forgot to include the parcel: 008-0587-02 on the CSM, which then needs to be included on the officially recorded CSM.

 

Motion by Commissioner Jochman, seconded by Chairman Bellmer, to approve the Certified Survey Map as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Jochman, Koeppe, Schein Aye; Comm. Greuel Excused.

 

3.  Rezoning – James Smith – (008-2439)

 

Director Dearborn explained that the applicant was proposing a rezoning from R-2 (Single-Family Residential) to R-3  (Two-Family Residential) for construction of a duplex on Linda Ave. Director Dearborn then pointed out that the subject property is surrounded by all single-family homes.  In addition, Director Dearborn stated that there have been phone calls and a letter written that all objected to the rezoning. Finally, Director Dearborn recommended that the adjacent property to the north also be rezoned to R-3 in order to avoid spot zoning.

 

Jim Smith, the applicant, showed the Commission illustrations of the proposed duplex. Comm. Jochman pointed out that there was another vacant property nearby and questioned whether that piece of property would go through a similar rezoning application process. Chairman Bellmer explained that if the property to the north, which is a single-family home, is rezoned to R-3, then there still would be a R-2 home in an R-3 district. Director Dearborn responded to this concern by explaining that the zoning ordinance does allow for a single-family home in an R-3 zoning district. Comm. Lewis then stated that he was in favor of having the property to the north rezoned so there would be contiguous R-3 zoning. This would then prevent spot zoning. The Commission then recommended that the applicant reapply for a rezoning to R-3, which includes the property to the north.

 

Motion by Commissioner Lewis, seconded by Commissioner Schein, to delay the decision on the rezoning for thirty-days. Motion carried with 5 Aye, 1 Nay, 1 Excused.

 

 

 

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Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Koeppe, Schein Aye; Comm. Jochman Nay; Comm. Greuel Excused.

 

4.  Rezoning – Davel Engineering LLC – (008-5084)

 

Director Dearborn explained that Davel Engineering was proposing a rezoning from R-2/Flood Fringe to R-2 (Single-Family) for a property located on Beethoven Way. The rezoning would then allow the parcel to be buildable. Cormac McInnis, representing Davel Engineering, explained that the rezoning would allow the parcel to be out of the floodway and then allow the homeowner to not have to pay flood insurance.

 

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

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Jochman, Koeppe, Schein Aye; Comm. Greuel Excused.

 

5.  Conditional Use Permit – Davel Engineering – 4139 W. Prospect Ave. – (008-0113-05)

 

Director Dearborn reported to the Commission that Davel Engineering was proposing a conditional use permit for fill and grade in a Shoreland/Floodplain district. In addition, the property is located in an M-2 (Heavy Industrial) district. Furthermore, Director Dearborn explained that the CUP would allow the property owner to construct a parking lot and commercial restaurant. On the application form, the applicant indicated that there would be no increase in flood levels due to the filling. Finally, Director Dearborn stated that there were some objecting letters submitted from neighbors concerned about flooding.

 

Chairman Bellmer clarified that the CUP was only for fill/grade and that site plan review would be done by Town Staff. Cormac McInnis, representing Davel Engineering, was not certain on how much fill there would be and also explained that there would be no filling until site plan approval. Comm. Jochman then pointed out that there would be setback problems with the proposed new building. Mr. McInnis responded to this concern by explaining that the applicant would probably apply for a variance.

 

Mike Schneider, 4211 W. Prospect Ave., was concerned about the amount of filling and how it would affect his property, especially the water runoff concerns. Cormac McInnis responded by pointing out that the drainage plan would address these concerns and that Davel Engineering would have to pursue DNR permits as well. Comm. Jochman inquired on whether the hydraulic study was completed; in which Mr. McInnis responded by stating he was uncertain.

 

The conditions for the CUP are as follows:

 

  1. A detailed site plan be submitted for review and approval by Town Staff.

      2.   Submittal of a drainage plan for approval by the Town Engineer.

 

 

 

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3.   The applicant meets all local, state and federal regulations.

4.   Verify that a hydraulic study has or will be completed.

5.    The site plan will also be reviewed by the Planning Commission.

6.    No filling until all conditions are met.

 

Motion by Commissioner Lewis, seconded by Commissioner Van Dyke, to approve the CUP, with the six conditions, as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Jochman, Koeppe, Schein Aye; Comm. Greuel Excused.

 

6.  Conditional Use Permit – Davel Engineering – (008-0519)

 

Director Dearborn explained that the applicant was proposing a CUP for filling and grading in a Shoreland/Floodplain district. The CUP would allow for the construction of a street across the stream. In addition, the CUP would allow for the construction of roads, buildings and detention ponds near the stream. The CUP is for the Wildlife Heights single-family subdivision. Finally, Director Dearborn recommended approval of the CUP, with the condition that it meets all local, state, and federal regulations.

 

Motion by Commissioner Jochman, seconded by Commissioner Koeppe, to approve the CUP, with the condition that it meets all local, state and federal regulations, as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Jochman, Koeppe, Schein Aye; Comm. Greuel Excused.

 

7.  Certified Survey Map – Christian Life Center, Inc. & Georgia Pacific Tissue, LLC – (008-0448-00, 008-0487-00, & 008-0487-08)

 

Director Dearborn stated that the CSM on County Rd II and Green Bay Rd. was proposing to combine two lots into one.  The Commission did point out that the CSM should show Green Bay Rd. as the road east of the subject properties instead of American Dr.

 

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

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Jochman, Koeppe, Schein Aye; Comm. Greuel Excused.

 

8.  Certified Survey Map – Matthew & Elenora Stuck – (008-0914, 008-0915)

 

Director Dearborn explained that the CSM on Brighton Beach Rd. was proposing to combine two lots into one. In addition, Director Dearborn pointed out that there are two back lots across the street, which would require deed restrictions.

 

 

 

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Motion by Commissioner Lewis, seconded by Commissioner Schein, to approve the CSM as submitted. Motion carried with 5 Aye, 2 Excused.

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Koeppe, Schein Aye; Commissioners’ Jochman (*left the meeting at 6:34 p.m.*), Greuel Excused.

 

OLD ITEMS OF BUSINESS

 

1.  Rezoning – William Sund – (008-0235)

 

Director Dearborn briefly restated the facts of the rezoning, such as how 20 out of the 37 acres were to be rezoned from A-2 (General Farming) to P-1 (Institutional & Recreational Park) for the construction of a church. Director Dearborn then stated how the applicant pursued private covenants restricting the use of the 20 acres. In particular, the Quit Claim Deed, which was previously recorded before the meeting, states:

 

“This parcel is restricted to be used for a church, school, day-care center, residences, sports    field or other uses with church activities. This restriction shall not go into effect and become binding until final approval is obtained from the Winnebago County Board of Supervisors to zone the property P-1. Any violation of the above restriction may be enforced by the Town of Menasha.”

 

Furthermore, the applicant stated that they will soon submit a Certified Survey Map splitting the parcel into two lots, one 20 acres and the other 17 acres. Gerald Van Oudenhoven, 1656 Jacobsen Rd., had concerns over drainage and Chairman Bellmer responded that site plan/drainage plan review would address these concerns.

 

Motion by Chairman Bellmer, seconded by Commissioner Lewis, to approve the rezoning as submitted. Motion carried with 5 Aye, 2 Excused.

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Koeppe, Schein Aye; Commissioners’ Jochman, Greuel Excused.

 

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

 

Director Dearborn explained that the applicant has still not submitted a site plan for a convenience store, gas station and fast food restaurant on the NE corner of CB and W. American Dr. Director Dearborn then recommended a six month delay or until the applicant submits a detailed site plan, following the B-5 zoning guidelines.

 

Motion by Commissioner Schein, seconded by Chairman Bellmer, to postpone the decision on the Town CUP for six months or until the applicant provides a detailed site plan. Motion carried with 5 Aye, 2 Excused.

 

Chairman Bellmer, Commissioners’ Lewis, Van Dyke, Koeppe, Schein Aye; Commissioners’ Jochman, Greuel Excused.

 

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OTHER BUSINESS

 

Director Dearborn asked the Commission if they wanted to change the date and time of the meetings. The Commission suggested possibly moving it back one day to Tuesday at 5 p.m. Commissioner Van Dyke did mention how the Marlow rezoning request, which was approved at the June Planning Commission meeting, was denied at the following Town Board meeting.

 

ADJOURNMENT

 

Motion by Commissioner Bellmer, seconded by Commissioner Lewis, to adjourn the meeting at 6:54 p.m.

 

                                                                              Respectfully submitted,

 

 

 

 

 

                                                                              Jeffrey Smith

                                                                              Associate Planner