***TOWN OF MENASHA***
PLANNING COMMISSION MEETING
WEDNESDAY, OCTOBER 19, 2005 at 5:00 PM
MUNICIPAL COMPLEX - 2000 MUNICIPAL DRIVE
CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting of October 19, 2005 to order at 5:01 PM.
PRESENT: Chairperson: Alvin Bellmer
Commissioners: Dennis Jochman(5:20) Harold Pelton Kris Koeppe
Terry Buck Michelle Schaetz
Staff: George Dearborn, Community Development Director
Mark Mommaerts, Associate Planner
Michael Kading, Director of Park & Recreation
EXCUSED: Michael Van Dyke
ALSO PRESENT: Doug Newhouse Steve Kaiser Mark Stacie
Scott Rogers Jerry Wilfer Leo Grimes
Stuart Bedwhen Joe Nemecek Bob Liedl
Mary Paul Bob Pheifer Mike Blank
Jim Wabiszewski Dan Grady Tom Shepeck
MJ Biederman Tom Rusch John Swenson
Sara Swenson Ron Torrance Bruce Anunson
Clarence Peterson Pat Peapenburg Claude Foster
Laurie Rhode Melody Dallman Steve Brueggeman
Pete Briones Kari Hawkinson Tom Rouch
Kevin Hierman
PLEDGE OF ALLEGIANCE:
The minutes of September were reviewed. Motion by Chairperson Bellmer, seconded by Commissioner Pelton to approve the minutes of the September 21, 2005 meeting. Motion carried 5-0-2 (Commissioners Van Dyke & Jochman).
NEW ITEMS OF BUSINESS:
Department of Community Development Director George Dearborn introduced the item.
MOTION: Chairperson Bellmer, seconded by Commissioner Schaetz to approve the Certified Survey Map as submitted. Motion carried 5-0-2 (Commissioners Van Dyke & Jochman).
Department of Community Development Director George Dearborn introduced the item.
Chairperson Bellmer asked about the street interconnections and the shoreland zoning issue.
Tom Shepeck, Centrum Development, explained that the roads were located to avoid trees between the Meyers and Sawal properties, and overall, tree removal will be minimal. Also, that more trees will be cut down in the Jacobsen Road right-of-way. Mr. Shepeck also stated that there is a written letter from the DNR stating that there is nor shoreland zoning because it is not a navigable stream. A comment was made that the lots 154-161 will back up to the Peapenburg farm buildings. Mr. Shepeck stated that the City of Neenah did not have a problem with the street layout and that the culd-de-sac at lots 68-71 was designed to save trees.
Chairperson Bellmer had concerns about lots 108-115 having direct access to Jacobsen Road. He also stated that he does not have a problem if there is not a connection to McGann Road or Mary Lane.
Mr. Shepeck commented that there is a right-of-way access point to the west.
Chairperson Bellmer asked about the width for the right-of-way for Jacobsen Road.
Director Dearborn stated that the Jacobsen Road right-of-way will be 80’ and the roadway will be 37’.
Commissioner Schaetz asked the developer if he explored reducing lot sizes and if he received the letter from Mary Jo Biederman regarding conservation design alternatives.
Mr. Shepeck responded that they are not considering smaller lots and that the Park Commission recommended fees in lieu of land and not parkland dedication.
Tom Rouch, development partner, stated that there is extra expense with Jacobsen Road construction and that lots 108-115 they could look at one driveway for 2 lots.
Mr. Shepeck stated that they could also have a higher setback from Jacobsen Road and have a turn-around in the driveway.
Commissioner Schaetz asked what the speed limit will be on Jacobsen Road.
Director Dearborn responded that it will probably be 35 mph.
Mary Paul of McGann Road expressed concerns of Kerwin and McGann roads interconnecting because it would increase traffic on O’Leary Road and could be a safety concern in the park.
Joe Nemecek of Susan Avenue stated that the layout was good and that the developer is saving trees and that his concern is adding more connections. He wants cars going to Jacobsen Road and has questions regarding extraterritorial jurisdiction in this area.
Scott Rogers of Gavin Road stated that the layout is good and his concern is the Mary Lane connection.
Director of Park and Recreation Mike Kading stated that the Park Commission recommended fees in lieu of land in this case and a pedestrian path through the subdivision to connect Jacobsen to O’Hauser Park.
Chairperson Bellmer stated that if the City of Neenah was ok with layout and that the police and fire was ok with the layout, then maybe there doesn’t need to be any more connections than what is proposed.
Mr. Shepeck stated that he will make at least one connection and construct a trail on the north side of Jacobsen Road.
Jerry Wilfer of McGann Road expressed concerns for the traffic through the park and would like to see Mary Lane connect and not Kerwin Road.
Mary Jo Biederman of Kerwin Road stated that the Town’s Comprehensive Plan discusses reserving woodlands over 1 acre. She also asked who is responsible to find and denote natural features.
Director Dearborn stated that the developer is required to provide this, but that staff, commissioners and residents can also bring these issues up.
Mr. Shepeck explained that the development is preserving tree lines and trees and that the natural stone wall is just a farmers fence.
Kevin Hierman of Clayton Road stated that Mr. Shepeck has been very accommodating to the residents and asked if someone could define a conservation subdivision.
Director Dearborn responded that it is a subdivision that looks at natural features and designs around them by reducing lot sizes and clustering development to preserve the features.
Chairperson Bellmer asked if a 60’ right-of-way is required.
Director Dearborn stated that the Street Department prefers 60’, but Community Development would be ok with 54’ with 33’ paving.
Will Kottler of Davel Engineering stated that the design started with Jacobsen Road and the connection to Kerwin was chosen because it is improved to the boundary line of the subdivision, and the City of Neenah doesn’t care where the connections are as long as point A is connected to point B. Also, conservation subdivisions are only possible if the Town allows them.
MOTION: Chairperson Bellmer, seconded by Commissioner Jochman to delay for 30-days the Preliminary Plat. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
MOTION: Commissioner Pelton, seconded by Commissioner Buck to approve the certified survey map as submitted. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
MOTION: Commissioner Jochman, seconded by Chairperson Bellmer to approve the certified survey map as submitted. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
MOTION: Commissioner Pelton, seconded by Commissioner Jochman to delay for 30-days the certified survey map. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
Steve Brueggeman of Martenson & Eisele (M&E) stated that more units could be added to the development.
Director Dearborn stated that the conditional use permit can be modified and that the condo plat as submitted cannot be approved. He also stated that the increase in density is not undesirable.
Commissioner Schaetz asked where the units were added and about stormwater.
Mr. Brueggeman responded on the west side and the parking requirements are all met and that stormwater is in the planning phase.
Director Dearborn stated that the request for a modification to the CUP can come next month.
MOTION: Commissioner Jochman, seconded by Commissioner Schaetz to approve with the conditions from staff and that a modification to the CUP be approved for the Condo Plat. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
Mark Boelhke of Hoffman stated that they would like to start construction as early as November with completion in the summer and that he has no issues with the staff recommendation.
Director Dearborn stated that the trail connection is an additional provision.
Commissioner Schaetz asked about the stormwater pond.
Mr. Boehlke stated that the existing ponds are for Thedacare only and the future development has no immediate plans.
Commissioner Schaetz asked if they have explored using raingardens.
Mr. Boehlke responded that they haven’t considered it yet because it is a concept plan, but he has done it before.
Chairperson Bellmer asked if the future development lot would have access to Deerwood Ave.
Director Dearborn stated that is should be located as far east as possible on the site.
Mr. Boehlke stated that they may look at getting LEED certified.
Gary Koosner of Affinity stated that the building is a pediatric theme and they are going after LEED certification.
MOTION: Commissioner Pelton, seconded by Chairperson Bellmer to approve the B-4 Town Conditional Use Permit with staff conditions. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
MOTION: Commissioner Pelton, seconded by Commissioner Jochman to approve the Resolution with the condition that the chairman signs the resolution. Motion carried 5-0-1-1(Excused Commissioner Van Dyke, Abstained Commissioner Schaetz).
OLD ITEMS OF BUSINESS:
Department of Community Development Director George Dearborn introduced the item.
Mark Stacie of Signs & Such stated that the sign has been modified from what was submitted. The new design will round off the bottom of the sign to mirror the arc of the entrance.
MOTION: Commissioner Jochman, seconded by Commissioner Schaetz to approve the sign with the condition that the applicant works with staff on the new design. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
Chairperson Bellmer identified the major issues with the plat being the parkland location and the environmental corridor.
Commissioner Schaetz added the trail as another issue.
Director of Park and Recreation Mike Kading stated that the issue with the parkland is that it needs to be usable ground and that the preference is north of the creek on the west end of the subdivision so that a neighborhood park can be established in the future.
Chairperson Bellmer stated that there could be access to the park between lots 42-44.
Director Kading stated that the subdivision ordinance states that open parkland is accepted.
Commissioner Schaetz asked if all of the 4.06 acre parkland is active.
Director Kading stated that approximately 2.67 acres is usable out of the environmental corridor.
Commissioner Jochman asked if the preferred location is on the north side of the creek.
Director Kading responded that north of the creek is the preferred location considering future development with the park also having full street access.
Wil Kottler of Davel Engineering stated that the wetland line was used and that 900 square feet per lot was used to determine parkland area.
Director Kading stated that the requirement is 927 square feet per lot.
Chairperson Bellmer asked if the proposal meets the ordinance.
Mr. Kottler responded that it will and that he doesn’t see in the ordinance where the land has to be flat. He also stated that the developer will dedicate the land if the Plan Commission conditionally approves phase I or that fees could be used to buy the parkland from the developer.
Chairperson Bellmer asked about the 150’ wide environmental corridor and if it should be dedicated to the Town for preservation and easier enforcement.
Director Dearborn responded that it could be dedicated to the Town or to the Northeast Land Trust.
Chairperson Bellmer asked about the language on the plat to protect the corridor.
Director Dearborn stated that protection is the key and that it needs to be staked or identified and a easement or access needs to be identified to respond to complaints.
Chairperson Bellmer asked if the trail would run through the environmental corridor.
Director Dearborn replied that the trail would be outside of the 75’ setback.
Commissioner Schaetz stated that trails along residential lots have advantages as well as help protect the corridor.
Stuart Bedwhen of Boomier Properties stated that there are about 14-acres in the corridor that if dedicated to the Town wouldn’t be assessed for taxes.
Chairperson Bellmer stated that if the area was preserved then the lots border it would rise in value.
Mr. Bedwhen stated that it could be protected through aerial satellite viewing.
Director Dearborn stated that the cost would be too high.
Commissioner Schaetz explained that trails and protected areas adds to the quality of life for residents.
Mr. Kottler stated that the environmental corridor is identified on the plat and is staked and that an environmental corridor easement line is being proposed. A trail is not being proposed along the corridor, but the Town could buy some land and construct their own trail.
Commissioner Jochman stated that the developer wants phase I approved, but he doesn’t see how the commission can do this as submitted.
Director Dearborn stated that the Park Commission recommendation needs to be addressed by the Plan Commission not staff and that more direction would be needed.
Mr. Kottler requested the environmental corridor easement with monuments.
Chairperson Bellmer asked if the easement would have access for the public and the maybe more discussion on design should occur.
Mr. Kottler stated that they would work with the Park Commission, but they are still looking for approval on Phase I which includes 1 lot west of Clestrial Drive.
Associate Planner Mark Mommaerts relayed to the Commission comments from the Park Commission Chairman Glen Allen regarding his support for the 3.5 acre park north of the creek on the western edge of the subdivision.
MOTION: Commissioner Jochman, seconded by Commissioner Pelton to delay for 30-days the Preliminary Plat to resolve staff concerns. Motion carried 6-0-1 (Commissioner Van Dyke).
MOTION Amendment: Commissioner Schaetz, seconded by Commissioner Buck to consider the Park Commission recommendation for parkland location.
Mr. Kottler asked why the Commission couldn’t approve Phase I.
Commissioner Jochman replied that he is not comfortable with all the issues shown on Phase I.
Motion carried 5-1-1 (Excused Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item and stated that staff has no problem with the density increase but with the vinyl siding.
Chairperson Bellmer stated that he doesn’t have a problem with the increased density proposal, but would like to know how many units were approved for the previous development in this area.
Director Dearborn stated that the developer would need a modification to the CUP for 124-units.
Commissioner Jochman stated that they need to decide if fiber cement siding and 3’ brick was ok.
Commissioner Koeppe asked about the detention pond.
Steve Brueggeman of Martenson & Eisele stated that the southeast corner of the site is the preferred location, the other site was for aesthetics, but now they are proposing trees.
MOTION: Commissioner Jochman, seconded by Commissioner Pelton to approve the facades with the condition that fiber cement siding or brick be used on the lower 1/3 or 7” which ever is greater or fiber cement siding and 3’ of brick around the building be used and that the applicant modify the CUP for a higher density. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
See comments for Item 13.
MOTION: Commissioner Jochman, seconded by Commissioner Koeppe to approve the rezoning. Motion carried 6-0-1 (Commissioner Van Dyke).
Department of Community Development Director George Dearborn introduced the item.
Associate Planner Mark Mommaerts stated that the neighborhood meetings were constructive and positive for all parties.
Michael Blank of Cypress Homes clarified that the building pads shown on the concept plan are not the building outlines, just the limits in which the house can be built and that they will all be different homes with scenic backyards. A verbal agreement with the property owner to the north has been made for the public road, which is half on the property to the north.
Director Dearborn stated that a CSM will need to be created to dedicate the road.
John Swanson asked about the courtyard.
Mr. Blank replied that a landscape plan will be submitted with a flower garden and that he would work with the residents of the area.
Kerry Hawkins spoke and was satisfied with the development.
Commissioner Schaetz stated that even though the DOT stated they were not going to build a noise barrier, residents can still apply for a noise barrier.
Commissioner Jochman and Chairperson Bellmer thanked the resident committee and developer.
MOTION: Commissioner Buck, seconded by Commissioner Jochman to approve the Conditional Use Permit with the staff conditions. Motion carried 6-0-1 (Commissioner Van Dyke).
OTHER BUSINESS:
The cost-benefit table for September shows that there is a positive cost/benefit.
COMMUNICATIONS:
ADJOURNMENT:
MOTION: Commissioner Pelton, seconded by Commissioner Schaetz to adjourn the meeting of October 19, 2005 at 8:05 PM. Motion carried 6-0-1 (Commissioner Van Dyke).
Mark J. Mommaerts
Recording Secretary