PUBLIC HEARING of April 20, 2005: 2003 Town of Menasha Comprehensive Plan Update – Town of Menasha – Proposed Future Land Use Map Updates and Text Amendments

CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting Public Hearing of April 20^th to order at 5:00 PM.

PRESENT: Chairperson Alvin Bellmer, Planning Commissioners Dennis Jochman, Kris Koeppe, Harold Pelton, Michelle Schaetz, and Michael Van Dyke. Community Development Director George Dearborn and Assistant Mary Heiting.

EXCUSED: Commissioners Charles Lewis.

ALSO PRESENT: Keith Buckaleu Jolene Moran Paul Moran

Mary Jo Biedermann Bob Leidl Elizabeth Braxton

Richard Braxton Bruce Anunson Marilyn Anunson

Jim Kriha Jeff Miles Shirley Watters

Tony Danz Mary Klima Kathy Prusse

Joe Nemecek Frank Voissem Sue Hickey

Mark Winter Wm. Smith Brad Werner

Jane Bahr David Sellier Anthony Fieweger

Stan Martenson Robert McBriar Bob Hochtwith

Mark Stacie Pat Peapenburg Tom Shepeck

Dean Budde Joan Budde Rich Halbrook

Terry Prewitt Kevin Heimerman Mark Nelessen

Sue LaSage

Community Development Director (CDD) George Dearborn opened with a Power Point presentation. Commission Chair Alvin Bellmer asked if there was anyone in the audience that pertained to the public hearing issue. He explained the purpose of the public hearing was to amend and change the 2003 Comprehensive Plan.

Director Dearborn briefly explained the update details. An overhead presentation showed the affected areas, and as there were no attendees in the audience for the public hearing or questions from those in attendance, the public hearing was closed at 5:05 p.m.

***TOWN OF MENASHA***

PLANNING COMMISSION MEETING

WEDNESDAY, APRIL 20, 2005 @ 5:07 PM

MUNICIPAL COMPLEX - 2000 MUNICIPAL DRIVE

CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting of April 20, 2005 to order at 5:07 PM.

PRESENT: Chairperson Alvin Bellmer, Planning Commissioners Dennis Jochman, Kris Koeppe, Harold Pelton, Michael Van Dyke, and Michelle Schaetz. Community Development Director George Dearborn and Assistant Mary Heiting.

EXCUSED: Commissioners Chuck Lewis. Commissioners Harold Pelton and Dennis Jochman were excused early around 7:00 p.m.

ALSO PRESENT: Keith Buckaleu Jolene Moran Paul Moran

Mary Jo Biedermann Bob Leidl Elizabeth Braxton

Richard Braxton Bruce Anunson Marilyn Anunson

Jim Kriha Jeff Miles Shirley Watters

Tom Danz Mary Klima Kathy Prusse

Joe Nemecek Frank Voissem Sue Hickey

Mark Winter Wm. Smith Brad Werner

Jane Bahr David Sellier Anthony Fieweger

Stan Martenson Robert McBriar Bob Hochtwith

Mark Stacie Pat Peapenburg Tom Shepeck

Dean Budde Joan Budde Rich Halbrook

Terry Prewitt Kevin Heimerman Mark Nelessen

Sue LaSage

PLEDGE OF ALLEGIANCE:

APPROVAL OF MINUTES – March 16, 2005

Motion by Commission Chair Belmer to approve the minutes of the March 16, 2005 meeting as submitted. Seconded by Commissioner Schaetz. Motion carries 4-0-3(excused).

NEW ITEMS OF BUSINESS:

1. RESOLUTION 050420-1: Adopting the 2005 Update to the 2003 Town of Menasha Comprehensive Plan

This item had been reviewed and discussed at the earlier public hearing, held before the regular Planning Commission meeting this evening. MOTION: Commissioner Van Dyke seconded by Commissioner Pelton to approve the resolution and adopt the 2005 changes and modify the 2003 Town of Menasha Comprehensive Plan. This process will include an ordinance change and 3 readings by the Town Board. Motion carried unanimously.

2. CUP – Century Oaks, Inc. – NE Corner of West American Dr. and Cold Spring Rd (00802670101) Proposed 32-bed Community Based Facility

Dave Sellier, and Mark Nelesen (Highland Park Road) inquired about the reasons a CBRF (Community Based Residential Facility) would comply in a single family district. Director Dearborn stated that Wisconsin allows a CBRF on single family zoned property, through the conditional use process.

Wm. Smith (Highland Park Rd) had questions regarding the original mailing displaying one building, and the second mailing with an updated plan with two buildings. Director Dearborn explained that awhile back a proposal included a 2-story building and because of comments received from the community, an alternate plan was submitted. With the concerns that windows face the neighbor’s yards, the re-submittal split the buildings and turned the windows away from the neighborhood.

Commissioner Jochman explained the other locations of CBRF’s on single family areas in the Town of Menasha. One is located off of County II on Bondow, and one on Jacobsen Road. Commissioner Schaetz inquired that if all conditions are complied with, what are the concerns of the neighborhood.

Ron Voissem (Highland Park Rd) had concerns about future modifications such as assisted living or a senior center. He had concerns about residents wandering around the neighborhood.

Jim Kriha and Sue LaSage (Highland Park Rd) wanted to know if there would be a landscaping plan, and expressed concerns about the junk trees and if they would remain on the balance of the property. Director Dearborn stated that there will be a landscaping plan submitted for the proposed building area, but a condition could be added to include the remaining area of the parcel.

Chairman Bellmer made a motion to add another condition: The owners will maintain the balance of the property by clearing any waste or trash and provide an adequate drainage / landscape plan to avoid any standing water.

Mark Nelesen had concerns about the exterior facade as presented in the site plan. Commissioner Jochman reviewed the site plan which mentions a brick veneer. Commissioner Jochman added a condition to include: the exterior façade of full brick veneer will include up to 90% of the outside surface of the building.

Richard Halbrook, Developer had studied this particular parcel and had completed an estimated dozen plans which did not fit the shape of the parcel. This submittal seems to be the best fit for the property. He has viewed other locations and this proposed design has been accepted well in other communities.

Commissioner Van Dyke recommended that a landscape plan be presented to the Commission. Volunteers from the audience were named to the neighborhood committee: Jane Bahr, Joe Nemecek, Dave Sellier, and Jim Kriha.

Bill Degeneffe inquired if this proposed use would increase the Town’s tax base. Director Dearborn responded that this would not increase the tax base because the private use would only need minimal public services.

MOTION: Commissioner Jochman, seconded by Commissioner Van Dyke to approve the Conditional Use Permit – Century Oaks with the original conditions and add conditions: 16. The owners will maintain the balance of the property by clearing any waste or trash and provide an adequate drainage / landscape plan to avoid any standing water; and 17. The exterior façade of full brick veneer will include up to 90% of the outside surface of the building. Motion carried unanimously.

3. SITE PLAN REVIEW – ANR Pipeline – 1850 American Dr. (0080250) – Proposed Staging Yard

Staff had received this application, but because of the effect it may have on the neighborhood, Director Dearborn thought it should have a neighborhood meeting and site plan review process. Staff could have bypassed this requirement, but because of the proximity of the neighbors, decided to bring this site plan to the Planning Commission for review or comment.

Keith Buckaleu representing ANR Pipeline was available to answer any questions that arose. He stated that the company has prepared the project to comply with OSHA standards and will supply a fence to buffer the equipment from the neighbors during this temporary use. His discussion with neighbors included the use of Millbrook Drive as a temporary access because the church parking lot could not accommodate the weight of the commercial vehicles.

Tom Danz, representing New Hope Church as President, stated that Mr. Buckaleu has met with the church committee and discussed various options. Because of the disruption to the area, ANR Pipeline would pay to repair the fields for future recreational uses.

Sue Hickey, Dave Johnson (Eagle Drive) had concerns about road repairs and safety of the children. Ms. Hickey asked if the Commission had reviewed the signed petition before them from the neighborhood listing their concerns. Dave Johnson suggested continued investigation toward alternate sights. Mr. Johnson requested an explanation on the number of work hours and estimated days of operation.

Mary Clayborn, Terry Prewitt (Treyburn Ct.) would like to see the hours of operation at a maximum to minimize the duration and disruption of the construction project for this area. They also would like alternate sites investigated.

Commissioner Schaetz inquired about the site’s needs. Mr. Buckaleu explained that the New Hope site has 4.77 acres and the industrial site across the street is approximately 3 acres. The crew’s hours would be approximately 7:00 – 7:00 p.m. – 6 days a week. The anticipated starting date would be June 1 and the pipes would arrive July 1 shooting for a completion date before school starts and avoid further disruption and safety for the children.

Mark Winter (Millbrook Drive) had concerns about the proposed fencing, and whether a gate or taller fence would prevent children from getting inside and playing on the dirt piles there presently.

Commissioner Jochman inquired about the Wick property across the street from New Hope Church. Would it be possible for the employees to use the church parking lot, and some of the equipment placed across American Drive on the nearby Wick property.

Commissioner Schaetz inquired about the topsoil presently on the site. Mr. Buckaleu explained that the topsoil is being “segregated” to prevent leakage measures and to comply with the EPA requirements and anticipates replacement at the end of the project.

MOTION: Commissioner Jochman, seconded by Commissioner Pelton to table this request for 30 days and recommends ANR explore alternate sites such as WE Energies and John Wick property, and/or use a portion of the existing parking lot for employees, and/or explore other alternate sites that staff and neighbors could approve. Motion carried unanimously.

4. CSM – Eugene Sawall – Proposed Jacobsen Rd. Extension (0080543, 008054506 & 00805407) – Proposed 3-Lot Subdivision

This certified survey map (CSM) is being prepared for discussion with the rezoning (on this agenda) for the Peapenburg, Budde, Sawall & Meyer property(s). This request creates 3 parcels which align along the proposed extension of Jacobsen Road. Mary Jo Biederman (Kerwin Rd) would like to review the 2003 Comprehensive Plan where development should preserve the ‘natural resources’ of the area. Her concerns are for trees located at the proposed extension of Kerwin Road. Mr. Shepeck stated that the proposed design would try to preserve as many trees as possible because it should elevate property values for this specific area.

Commissioner Schaetz reviewed the history of the extension of Jacobsen Road and whether alternate designs have been studies with the Town and/or Developer. Tom Shepeck, (Developer) and Joe Nemecek (Susan Ave) reviewed the alignment of Jacobsens intersection where it meets with the existing roadway. This immediate area has the oldest trees, but the roadway needs to extend from the existing terminus. Other attempts to veer away from these trees have been proposed, but are in very poor condition because of existing drainage problems.

MOTION: Commission President Bellmer, seconded by Commissioner Pelton to approve the certified survey map as submitted because it is in compliance with the Comprehensive Plan, and Wisconsin, Town and County ordinances. Motion carried unanimously.

Commissioner Dennis Jochman steps down from the Planning Commission bench to take a place in the audience and abstains on action for Item 5 – Workforce Development Center.

5. B-5 ZONING DISTRICT REVIEW – Workforce Development Center (0085223) – 1401 McMahon Drive (0085223) – Proposed Office Building

Mr. Jochman (Whippletree La) representing Workforce Development has reviewed the site plan with the McMahon Group. All the conditions required in the B-5 zoning district have been complied with. The site, as proposed will not need sprinklering and the existing retention facility will be adequate to accommodate the build-out of all remaining parcels in this area. The proposal will need to meet the Wisconsin County/Town Zoning Code Chapter 17.13-B.

Commission President Bellmer stated that the retention facility is adequate, so the screening condition d(1) will not need to be entered into record. MOTION: Commissioner Pelton, seconded by Commission President Bellmer to approve the B-5 Zoning District Review with the conditions except “d(1)” would not apply. Motion carried with 5-yes, 1-abstention, 1-vacant.

6. SIGN – U-Prep-It! – 1575 Plaza Drive, Suite G (008023306) – Proposed Wall Sign

The sign application as requested complies with all Town/County zoning codes as submitted. This request only needs Town Planning Commission approval. MOTION: Commissioner Jochman, seconded by Commissioner Koeppe to approve the sign request as submitted. Motion carried unanimously.

Commissioners Harold Pelton, and Dennis Jochman were excused.

7. SIGN – ThedaCare Pediatrics – Deerwood Ave. – Proposed Freestanding Sign

The sign application submitted for the corner of County Road II and Deerwood Avenue – ThedaCare Pediatrics needs Town Planning Commission approval. The two suggested locations / and designs were reviewed. As the signs are in compliance with Town/County zoning, a motion was made. MOTION: Commission President Bellmer, seconded by Commissioner Schaetz to approve the sign application as submitted. Motion carried unanimously.

OLD ITEMS OF BUSINESS:

8. REZONING – Palisades Commercial Property, LLC – 882 Valley Rd. (008004001, 0081491, 0081801 & 0081802) – Proposed Rezoning from M-2 to M-1, M-2 to R-2, and R-2 to M-1

This item has returned to the Planning Commission to comply with the adopted changes to the 2005 updates of the 2003 Town’s Comprehensive Plan (Agenda Item 1 tonight). With no comments from the audience and the request was in compliance with the Comprehensive Plan, a motion was made. MOTION: Commissioner Van Dyke, seconded by Commissioner Schaetz to approve the rezoning request as submitted. Motion carried unanimously.

9. CUP – Palisades Commercial Property, LLC – 882 Valley Rd. (008004001, 0081491, 0081801 & 0081802) – Proposed Outside Storage in an M-1 District

Bill Degeneffe, Palisades Commercial Property is requesting a conditional use permit to allow a 6-foot fence which will include breaks because of egress / ingress needs to the west of the building. With the rezoning application approved, the driveway may be installed on the property now in compliance. Bob McBriar (Baldwin Ct) from the neighborhood was present and was in approval. It was noted that staff recommended a 7 ft solid fence at 90% opaque but the Commission approved the 6-foot height. The shed will need to be removed after proper permit filing. MOTION: Commission President Bellmer, seconded by Commissioner Van Dyke to approve the conditional use permit (CUP) with a 6-foot solid fence with breaks at 90% opaque. Motion carried unanimously.

10. REZONING –Peapenburg, Budde, Sawall, & Meyer – Clayton Ave./Jacobsen Rd. (0080215, 0080216, 008055204, 0080552, 008054506, 008054507, 0080543, & 0080550) – Proposed Rezoning from A-2/R-1 to R-1/R-2/R-5

With the adoption of the 2005 updates to the 2003 Town’s Comprehensive Plan (Agenda Item 1 tonight), and on the proposed “Sewer Service Area Update” from East Central Wisconsin Regional Planning Commission, the rezoning application now complies. Commissioner Van Dyke had questions about the smaller portion proposed as R-5. Commission President Bellmer agrees that the R-5 and site size as proposed in low density may still remain at a maximum of 11 units.

Commissioner Schaetz would like to see a conservancy area in the design phase of the proposed subdivision. Mr. Shepeck (Developer) assured the Commission that this conservancy would benefit everyone.

Mr. Heimerman (Clayton Avenue) has a pond in his back yard next to the rezoning proposal. He has documentation from previous years indicating the drainage protection and culvert installation through this area including an agreement with the Town of Clayton. The developer stated as a condition of approval in the platting process, drainage issues would be addressed. MOTION: Commissioner Van Dyke, seconded by Commissioner Koeppe to approve the rezoning as submitted. Motion carried unanimously.

11. PRELIMINARY PLAT – The Reserve at Anunson Creek – S. of 2158 Irish Rd. (0080199 & 0080201) – Proposed 64-Lot Subdivision

Stan Martenson of Martenson & Eisele Engineering was present for this preliminary plat. The trail along the creek is proposed for Phase II of the subdivision plat. As all items are in compliance, a motion was submitted. MOTION: Commission President Bellmer, seconded by Commissioner Schaetz to approve the preliminary plat with the conditions as noted. Motion carried unanimously.

OTHER BUSINESS:

12. Development Report – nothing to report at this time.

13. Building Permit Report & Cost Benefit Analysis

COMMUNICATIONS:

14. Communication to: Local Government Official from: Winnebago County Planning RE: Winnebago County Comprehensive Plan.

ADJOURNMENT:

Motion by Chairperson Bellmer to adjourn the meeting of April 20, 2005 at 8:05 PM. Seconded by Commissioner Van Dyke. Motion carries 4-3(excused).

Sincerely,

Mary R. Heiting

Recording Secretary