***TOWN OF MENASHA***

PLANNING COMMISSION MEETING

WEDNESDAY, FEBRUARY 16, 2005 @ 5:00 PM

MUNICIPAL COMPLEX - 2000 MUNICIPAL DRIVE

CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting of February 16, 2005 to order at 5:05 PM.

PRESENT: Chairperson Alvin Bellmer, Planning Commissioners Dennis Jochman, Kris Koeppe, and Michael Van Dyke. Community Development Director George Dearborn and Associate Planner Diana Kanter.

EXCUSED: Commissioners Harold Pelton, Charles Lewis, and Michelle Schaetz

ALSO PRESENT: Robert Lehrer Ken Meidam

Marilyn Anunson Bruce Anunson

Fawn Shillinglaw David Lloyd

Char Zelinski Byron Ross

Dave Schmalz Tom Schein

April Schein Sharon Blake

Paul Klein Laura Klein

Scott Tierney John Schomisch

Kim Lewis Duane Lewis

Paul Baldridge Brian Goldshlack

Guy Hegg Greta Rogers

Bob McBriar

PLEDGE OF ALLEGIANCE:

APPROVAL OF MINUTES – January 19, 2005

Motion by Chairperson Bellmer to approve the Planning Commission minutes of January 19, 2005. Seconded by Commissioner Van Dyke. Motion carries 4-0-3.

NEW ITEMS OF BUSINESS:

1. Variance – Kampo Warehouse – 960 Valley Road (008003901) – Proposed 0 Foot Setback from Property Line

Motion made by Chairperson Bellmer to approve the request by Kampo Warehouse located at 960 Valley Road also known as parcel number 008003901 for a proposed variance.

Seconded by Commisisoner Jochman. Motion carries 4-0-3.

2. CSM – Michael and Sally Kasper – 1114 Valley Road (0080974, 0080975, 0080976, 0080980, & 0080981) – Proposed Lot Combination

Motion made by Commissioner Jochman to approve the request by Michael and Sally Kasper located at 1114 Valley Road also known as parcel numbers 0080974, 0080975, 0080976, 0080980, & 0080981 for a proposed lot combination.

Seconded by Commissioner Van Dyke. Motion carries 4-0-3.

3. CSM – Bruce Anunson – 2193 Irish Road (0080194, 0080196, 0080199, & 0080201) – Proposed Revised 4-Lot Land Division

Motion made by Chairperson Bellmer to approve the request by Bruce Anunson located at 2193 Irish Road also known as parcel numbers 0080194, 0080196, 0080199, & 0080201 for a proposed revised 4-lot land division.

Seconded by Commissioner Koeppe. Motion carries 4-0-3.

4. Rezoning – Palisades Properties Inc. – 882 Valley Road (0080040, 0080041, & 0081796) – Proposed Rezoning from R-4 Multi-Family Residential/R-2 Suburban Residential/P-1 Institutional and Recreational Park to R-5 Planned Residential

CDD Dearborn introduced the item.

Tom Schein, 1516 Palisades Drive, asked why there was P-1 located on the property.

CDD Dearborn and AP Kanter explained that when the railroad tracks were removed, Winnebago County amended the map to take on the zoning of the adjacent properties to the centerline of the former railroad right-of-way.

John Schomisch, 1550 Palisades Drive, asked when that change occurred.

CDD Dearborn said he believed it was in 1997.

William Degeneffe, Palisades Properties Inc., stated the tracks were removed in 1992.

Fawn Shillingwall, 1952 Palisades Drive, asked for more expansion on the history of the property.

CDD Dearborn explained the history.

William Degeneffe, Palisades Properties Inc., explained the history further. He said that previously, the City of Menasha Mayor offered the zoning and 5-7 years of interest free loans for the infrastructure.

Bob McBriar, 152 Baldwin Ct, stated that Mr. Degeneffe has every right to develop his property. He has concerns about people looking out the second story windows.

Chairperson Bellmer stated that this concern would be addressed later in the Conditional Use Permit.

Motion made by Chairperson Bellmer to approve the request by Palisades Properties Inc. located at 882 Valley Road also known as parcel numbers 0080040, 0080041, & 0081796 for a proposed rezoning from R-4 Multi-Family Residential/R-2 Suburban Residential/P-1 Institutional and Recreational Park to R-5 Planned Residential.

Seconded by Commissioner Van Dyke. Motion carries 4-0-3.

5. Conditional Use Permit – Palisades Properties Inc. – 882 Valley Road (0080040, 0080041, & 0081796) – Proposed Condominium Development in an R-5 Planned Residential District

CDD Dearborn introduced the item.

Chairperson Bellmer asked what was presently contained in the Developer’s Agreement.

CDD Dearborn stated the infrastructure, including streets and utilities, is included.

Chairperson Bellmer would prefer the colors be complimentary and not uniform.

Dave Schmalz, McMahon Associates, described the development.

Chairperson Bellmer did not like the alignment of the proposed street with the George Street curve. He believed the sidewalk should be extended north to the start of the curve.

Tom Schein, 1516 Palisades Drive, was disappointed with the lack of notification on the detention pond.

Chairperson Bellmer said that the Planning Commission did not have any involvement with that process.

Mr. Schein continued addressing concerns about the safety of George Street as a hardship for the neighborhood. He stated the additional traffic into the neighborhood, 570 cars a day and no sidewalks were hardships. Mr. Schein asked about other developments completed by Mr. Degeneffe.

Commissioner Jochman said the Planning Commission could not attach conditions to the Conditional Use Permit regarding other developments Mr. Degeneffe had done.

Commissioner Van Dyke asked Mr. Schein how many cares come from George Street to Theresa Street.

Mr. Schein stated there were many cars at that intersection.

Fawn Shillingwall, 1952 Palisades Drive, asked if she could present a solution.

Chairperson Bellmer stated yes.

Mrs. Shillingwall asked if the proposed George Street public street could be gated.

David Lloyd, 1520 Palisades Drive, stated that traffic on the curve was an issue and agreed with the proposed public street should be gated.

Scott Tierney, 2426 Carleton Avenue, stated the condos were great. He also supported a gated access. The streets were in dire need of repair and did not think citizens should be assessed for repair.

CDD Dearborn stated that would be no reassessments for reconstruction.

Paul Klein, 2303 Barbara Avenue, expressed concerns about the there were children on the street waiting at school bus stops. Any additional traffic would endanger the lives of the children.

John Schomisch, 1550 Palisades Drive, stated the property rights of the developer do not have the give the developer the rights to create expense or a public nuisance for the community. He stated he has no problem with the condos, but does not believe the neighborhood and the developer are anywhere close to a resolution about the traffic. Mr. Schomisch believes the gate is a good idea. The planting and screening design is good. He asked if he were to make a public records request if he could he obtain a copy of the deal between the developer and the Town.

CDD Dearborn stated yes, that it had already been provided to the Scheins and their attorney.

Mr. Schomisch continued, that any additional traffic to the neighborhood would be a liability to the Town and pointed out that there would be litigation if anyone were hurt.

Chairperson Bellmer stated then the Town should be leery of issuing any more building permits anywhere in the Town.

Fawn Shillingwall, 1952 Palisades Drive reviewed the proposed construction; the Town plans on building a public street off of George Street for access (vehicular and pedestrian) to the retention pond, and install an aggregate trail to the west and south side of the retention pond.

Brian Goldschlack, 1363 Palisades Drive, stated he did not receive notification for the retention pond. He stated the character of the neighborhood changed when the trees were cut down. That the proposal would double the number of homes in the area, currently there are 67 on Palisades Drive. Mr. Goldschlack has concerns about safety. He runs on George Street and encounters cars coming around the corner too fast. He believes the road is in shambles and was almost in an accident on the curve. The 570 additional trips per day generated from this proposal is not acceptable.

Chairperson Bellmer stated the Planning Commission had no involvement with the retention pond.

William Degeneffe, Palisades Property Inc., does not feel that the property should be gated. He presented a listing of solutions compiled by working with the neighbors who live along the curve. [The document Mr. Degeneffe read has been made part of this record.]

AP Kanter asked Chairperson Bellmer if it would be acceptable to read Mrs. Reitzner’s letter into the record. [The document AP Kanter read has been made part of this record.]

Brad Reitzner, 132 Baldwin Court, said he was unaware of the letter written by his wife. He stated he believes the proposal is good for the neighborhood. Traffic might be a problem in the future and should be monitored. He believed that a sidewalk on the west side was a good solution. A guardrail would be a good idea as well. Mr. Degeneffe has a right to develop the property.

Chairperson Bellmer read from the “Concerned Citizens for Palisades Area” document. [The document Chairperson Bellmer referred to has been made part of this record.] He addressed April Schein, 1516 Palisades Drive, in the audience.

Mrs. Schein does not believe that placing stop signs at the intersections of Palisades Drive and Theresa Street and George Street would be very effective. It would not address the curve.

Tom Schein, 1516 Palisades Drive, does not agree with the guard rail or curve stripes. He believes the gate would solve the residents’ concerns.

Fawn Shillingwall, 1952 Palisades Drive, asked if most traffic is going to use Valley Road, why not gate the proposed public street.

Commissioner Koeppe asked regardless of anything the Planning Commission did if there was going to be an access onto George Street.

Paul Klein, 2303 Barbara Avenue, wanted all traffic to exit and enter onto Valley Road.

John Schomisch, 1550 Palisades Drive, asked if there was anything in the Warranty Deed preventing the gating of access onto George Street.

CDD Dearborn stated no.

Mr. Schomisch stated that any accidents would be liability on the Town’s behalf.

Dave Schmalz, McMahon Associates, addressed several comments from the audience. He addressed Mr. McBriar’s (152 Baldwin Ct) concern about the elevation of the proposal in relation to Mr. McBriar’s property. Mr. Schmalz stated the development is to be grade like a bowl. The water directed towards the pond. Only the backyards of the development would enter a swale and goes west. Mr. Degeneffe could do a 108-unit development if it works under the Warranty Deed. Mr. Schmalz believes that a gate for the development would be a good thing. It would keep the neighbors from using it as a shortcut to Valley Road, if more stop signs are placed in the neighborhood. The more impediments on George Street the more appealing the proposed street will look. He stated the T-intersection could be done more cheaply.

Commissioner Jochman asked Mr. Schmalz if he supported a gate.

Mr. Schmalz stated he supported a gate. It would deter the neighbors, who would use it as a shortcut to Valley Road. He stated that for the first two to three years hardly any traffic would be generated. Mr. Schmalz believes that monitoring traffic would be a better option.

Bob McBriar, 152 Baldwin Court, stated he had two points. He believes the Town did not involve neighbors enough with the retention pond. Mr. McBriar also thinks that the residents on Palisades Drive are trying to protect their privacy. Kids are not supposed to be on the road anyway. He believes that those who are talking are not directly adjacent to the proposal. Mr. McBriar also believes he that suggests were for privacy using safety issues for enforcement.

April Schein, 1516 Palisades Drive, stated that Mr. McBriar’s comments were unfair. She stated that the parents are responsible for their children. She believes that additional stop signs will make people go through the proposed development. Mrs. Schein believes the gate is the best solution for the neighborhood.

Chairperson Bellmer asked if a gate could be part of the conditions.

CDD Dearborn stated that the Planning Commission could put in the gate as a condition.

Chairperson Bellmer stated that he did like the intersection as shown.

CDD Dearborn stated that if the Planning Commission would specify a gate, he did not believe that off site improvements would be warranted.

Commissioner Van Dyke inquired about a three-way stop at the newly proposed street and George Street.

CDD Dearborn and AP Kanter stated that this suggested alternative was not favorable at one of the Neighborhood Meetings.

Chairperson Bellmer addressed Mr. McBriar’s concerns about residents looking into his home, whether it would be a single family home or condo, and could not come up with any other solution to appease Mr. McBriar. The landscaping at the ground level may help with the screening.

April Schein asked if a timeframe could be placed on the screening at the north and south ends of the property.

Chairperson Bellmer stated that could be done.

John Schomisch stated than rather a stop sign on Palisades Drive, it should be a through street with a yield sign.

Chairperson Bellemer stated the proposed traffic controls looked like a stop sign feeding frenzy.

Tom Schein asked if Mr. Degeneffe could be convinced by Mr. Schmalz to put up a gate.

Mr. Schmalz stated that he would not try to convince about the gate. Mr. Degeneffe expressed that he would like to be treated like everyone else.

Motion made by Commissioner Jochman to approve the request by Palisades Properties Inc. located at 882 Valley Road also known as parcel numbers 0080040, 0080041, & 0081796 for a proposed condominium development in an R-5 Planned Residential District with the following amended conditions:

The rezoning applied for by the applicant, Agenda Item #4, shall be approved by the Town of Menasha and Winnebago County.
Subject to the approval Conditions #1 above the applicant shall be required to provide the following:

a. The development shall be limited to 60 units and 15 four-unit townhouse buildings.

b. The 2.5 acre retention pond shall count toward the applicant’s 20 percent open space requirement.

c. A preliminary and final condominium plat shall be prepared that conforms to the conditions of approval approved by Winnebago County and the Town of Menasha.

d. The applicant is required to enter into a Developer’s Agreement with the Town of Menasha at the time Final Plat.

e. The applicant shall be required to provide two ingress and egress points for access to the development per the International Fire Code. An ingress and egress point shall be located off of Valley Road and another shall be located off of George Street. These ingress and egress points for access shall be connected by dedicated 60 foot right-of-way. The streets shall be designed and built to the Town of Menasha Standards and Specifications for Street and Stormsewer Construction. The location of the Valley Road ingress and egress points shall receive approval from the Winnebago County Highway Department.

f. The applicant shall incorporate a sidewalk on the south side of George Street extending from the Palisades Park and around the curve of George Street as identified in Attachment 2. There shall also be a cross walk painted across the proposed George Street public street access. Any further extension of the sidewalk would be at the Town’s expense unless the developer offers to extend it further.

g. The internal loop road shall be a dedicated 60 foot right-of-way. This street shall be designed and built to the Town of Menasha Standards and Specifications for Street and Stormsewer Construction.

h. The applicant shall be required to provide utilities that meet the Town of Menasha Standards and Specifications for Sanitary Sewer and Water Utilities. There shall be a stormsewer installed at the applicant’s expense on the northern property line.

i. The applicant shall provide the details of the facades and design of the units shown in this application to the Town of Menasha staff for review and action.

j. The applicant shall provide a landscaping plan that meets or exceeds the landscaping presented at the Neighborhood Meeting of 2/10/05. The applicant shall be required install this landscaping. This landscaping shall incorporate at a minimum:

1. Conifers at George Street and the proposed public street.

2. A 6’0” solid wood fence that is at least 90% opaque and conifers on the southern property line.

3. Landscaping along the proposed public street from Valley Road north along the warehouse at 960 Valley Road.

k. The two sheds shall be removed. This shall require a fee and permit.

l. All exterior lighting shall be direct cut-off fixtures.

m. The applicant shall be required to comply with Chapter 31: Erosion Control and Stormwater Management including directing the down spouts of the proposed buildings to the street-side.

n. All construction traffic shall enter and exit off of Valley Road.

o. The project shall comply with all other local, state, and federal regulations.

p. The Town shall explore and continue to study in conjunction with the developer and neighbors the George Street curve and/or revamping the road and/or gating the George Street access.

Seconded by Commissioner Van Dyke. Motion carries 4-0-3.

Motion made by Chairperson Bellmer to approve the request by Palisades Properties Inc. located at 882 Valley Road also known as parcel numbers 0080040, 0080041, & 0081796 for a proposed condominium development in an R-5 Planned Residential District with the following further amended conditions:

1. The rezoning applied for by the applicant, Agenda Item #4, shall be approved by the Town of Menasha and Winnebago County.

2. Subject to the approval Conditions #1 above the applicant shall be required to provide the following:

a. The development shall be limited to 60 units and 15 four-unit townhouse buildings.

b. The 2.5 acre retention pond shall count toward the applicant’s 20 percent open space requirement.

c. A preliminary and final condominium plat shall be prepared that conforms to the conditions of approval approved by Winnebago County and the Town of Menasha.

d. The applicant is required to enter into a Developer’s Agreement with the Town of Menasha at the time Final Plat.

f. The applicant shall incorporate a sidewalk on the south side of George Street extending from the Palisades Park and ~~around the curve of as identified in Attachment 2~~ extended to the start of the curve on the north end of George Street. There shall also be a cross walk painted across the proposed George Street public street access. Any further extension of the sidewalk would be at the Town’s expense unless the developer offers to extend it further.

i. The applicant shall provide the details of the facades and design of the units shown in this application to the Town of Menasha staff for review and action.

1. Conifers at George Street and the proposed public street.

2. A 6’0” solid wood fence that is at least 90% opaque and conifers on the southern property line.

3. Landscaping along the proposed public street from Valley Road north along the warehouse at 960 Valley Road.

k. The two sheds shall be removed. This shall require a fee and permit.

l. All exterior lighting shall be direct cut-off fixtures.

m. The applicant shall be required to comply with Chapter 31: Erosion Control and Stormwater Management including directing the down spouts of the proposed buildings to the street-side.

n. All construction traffic shall enter and exit off of Valley Road.

o. The project shall comply with all other local, state, and federal regulations.

p. The Town shall explore and continue to study in conjunction with the developer and neighbors the George Street curve and/or revamping the road and/or gating the George Street access.

Seconded by Commissioner Koeppe. Motion carries 4-0-3.

6. Sign – Evergreen Credit Union – 1500 West American Drive (008023107) – Proposed Message Center

Motion made by Chairperson Bellmer to approve the request by Evergreen Credit Union located at 1500 West American Drive also known as parcel numbers 008023107 for a proposed message center with the following further amended conditions:

The intensity of the lights used in the message center shall not constitute a visual hazard for vehicular or pedestrian traffic. The sign shall be equipped with and shall use photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.

2. The sign shall be only used to advertise activities conducted on the premises or to present public service information.

3. Traveling messages may travel no faster than sixteen (16) light columns per second. No video displays shall be permitted. Cartoon or other graphics may be used that transmit or move at a rate of less than five (5) frames per second.

4. All worded messages shall be held on the electronic message unit for at least 0.5 seconds.

5. The electronic message center shall not give the appearance of emergency lighting, emergency vehicles, or traffic control devices.

Seconded by Commissioner Van Dyke. Motion carries 4-0-3.

OTHER BUSINESS:

7. Comprehensive Plan Update

AP Kanter stated that 700 notices had been sent out to residents regarding the Comprehensive Plan. A neighborhood meeting would be held on February 23, 2005 from 6:00 until 8:00 PM.

8. Development Report

CDD Dearborn stated that MEE Bellevue, LLC has applied for a Conditional Use Permit. This will be reviewed at the March 16, 2005 Planning Commission Meeting Agenda. There has also been an Ad Hoc Committee appointed by the Town Board. The first meeting of the Ad Hoc Committee was held in the Administrator’s conference room on February 16, 2005 at 5:00PM.

CDD Dearborn also said that Luigi’s Pizza will be moving to the Town of Menasha. AP Kanter stated that they will have pizza buffet lunch, but their target market is business in the area who have meetings. Their evening menu will be fine Italian. Their location will be to the south of the Fox Inn on Holly Road and East Shady Lane.

CDD Dearborn stated that Centrum Development has been working for a year or so to acquire property south of US Hwy 10 and west of Irish Road for a single-family and condo development.

9. Building Permit Report & Cost-Benefit Analysis

CDD Dearborn stated that January of 2005 was a light month for single-family. There were two single-family home permits issued.

The Cost-Benefit Analysis for December of 2005 is included below: