***TOWN OF
PLANNING COMMISSION MEETING
MUNICIPAL COMPLEX -
CALL TO ORDER: Chairperson
Bellmer called the Planning Commission Meeting of
PRESENT: Chairperson: Alvin Bellmer
Commissioners: Dennis Jochman Harold Pelton Kris Koeppe
Terry Buck Michelle Schaetz Michael Van Dyke
Staff: George
Dearborn, Community Development Director
Mark Mommaerts, Associate Planner
Mike Kading, Park & Recreation Director
EXCUSED: None
ABSENT: None
ALSO PRESENT: Ernest Williams Steven Gillis Don
Castonia Bob
Reider
Bill Krull Bob Srnka Linda Srnka Pat Gambsky
Mary McCarry Craig McCarry Rob McCarry Pam Mueller
Bob Liedl Ed Kumbier Ron McCarry Pat Van Abel
PLEDGE OF ALLEGIANCE:
The minutes of December were
reviewed. Motion by Chairperson Beller, seconded by Commissioner Pelton
to approve the minutes of the
NEW ITEMS OF BUSINESS:
Department of Community Development Director George Dearborn introduced
the item and explained that concerns from residents regarding noise and visual
impacts can be addressed during the site plan review process to protect
adjacent properties.
Bill Krause of County Road BB expressed concern that vegetation removal
has begun on site and that wetlands are being filled in.
Director Dearborn explained that the Town has received a letter from the
Department of Natural Resources stating that the streams on site are
non-navigable and that the site plan review process will identify all wetlands
on site.
Steven Gillis, attorney representing the Srnka’s,
stated that the Future Land Use map identifies this area as industrial, not M-2
(Heavy Industrial), and that the M-1 (Light Industrial) is suitable for
adjacent residential uses not M-2 because the code has a 600-foot provision
between residential and heavy industrial zoned areas. He asked what the plans were for the site and
how a decision can be made without a site plan.
He also stated that the Future Land Use map is advisory not
mandatory. He inquired about how the
company owner will relate and react to complaints and issues from his client
regarding the truck terminal. He stated
that the proposed use will affect his client’s family and property value and
that conditioning the use during the rezoning is easier than after the property
is rezoned. He stated that his clients
are willing to sell their property to the larger site to avoid constant
complaints and nuisances and that he recommends a denial or delay until the
residential use is eliminated.
Chairperson Bellmer asked Director Dearborn to
provide an overview of the M-2 district and the 600-foot provision.
Director Dearborn stated that M-2 is heavy industrial and the code
restricts impacts of M-2 use on neighboring parcels. He also stated that the residential use can
be protected during the site plan review process. He stated that County Road BB is all ready a
major truck route. Hearing for the
Future Land Use map were held and the owner of the residential site did not
express concern about the industrial use.
The 600-foot provision is in the code so that certain industrial uses
(listed in the zoning code) are located further than 600-feet from residential
areas, not including parking and landscaping.
Chairperson Bellmer asked if a truck terminal
was heavy industrial.
Director Dearborn replied that it is.
Ernest Williams of Roehl Trucking stated that
the rezoning is a condition of the offer to purchase and that M-2 zoning is
needed because of outdoor truck parking and that the operation is not a
manufacturing plant but a loading facility.
He stated that a proposal to buy the residence was submitted but he
cannot make the call to purchase and that the company would not gain much in terms
of use by buying the property. He also
stated that without the rezoning, there is not project, which is a $4 million
project.
Pam Mueller of County Road BB asked the applicant if they were buying
Steve and Rosemary’s house.
Mr. Williams replied that they are and it would be converted into an
industrially usable building or torn down.
Commission Schaetz asked if the company was a
truck load carrier and about the hours of operation.
Mr. Williams responded that it is similar to the Kaukauna property which
is leased and that it is a truck load carrier, not refrigeration. He stated that the hours of operation are
24-hours a day.
Mr. Gillis asked how many trucks would be at the site and if there would
be driver training and parking.
Mr. Williams responded that the company has 1,500 trucks and that about
30 trucks per day on average would come and go at this site. He also stated that there would be outside
storage of trailers and no drive training is proposed at this time.
Chairperson Bellmer asked if Roehl was going to use the whole site.
Mr. Williams stated that they are buying Lot 1 and Lot 2 of the CSM and
the 19-acres is sufficient for their operations and that they may sell the
other 17-acres at a later date.
Rob McCarry of Parkland Drive asked if storage
of trailers is considered a use and not parking and that this use would add
traffic to the area. He also had
concerns about lights, noise, smoke and the hours of operation.
Chairperson Bellmer asked about the 600-foot
provision.
Director Dearborn responded that trucking is not specified in the list of
uses. He also stated that staff would
like the industrial use to purchase the residential property, but staff cannot
require that to happen. Also, staff will
mandate heavy landscaping and screening to protect the residential use.
Mr. Williams stated that an average of 30 trucks per day does not mean 30
trucks per day more on County Road BB since most of their trucks all ready use
that road.
Craig McCarry of Fieldcrest Drive asked how
this would affect the residential property.
Chairperson Bellmer stated that the commission
has no leverage to require the industrial use to buy the property.
Mr. McCarry of Fieldcrest Drive stated that it
is not fair to step on this 11-year property owner and that a house should not
be left in the middle of an industrial area.
Pat Van Abel of Commercial Horizons, representing the Olson’s, stated
that this area has scatted residential and that if this use isn’t allowed in
the industrial designation by the Future Land Use map, then what uses are allowed. He also stated that this development will not
add much more traffic to County Road BB, but the more traffic there is, the
faster this area will develop. He stated
that the same process was used to rezone the Ogden property and that it will be
difficult to market this area in the future if there are concerns that property
won’t get the industrial zoning.
Mr. Gillis stated that the 600-foot provision applies to outside storage
areas and that the rezoning can be approved with conditions and one of the conditions
should be that the residential property be eliminated.
Mr. Williams stated that Roehl Trucking is a
family owned operation that has received an award in its Gary, IN plant for
being a good neighbor.
Chairperson Bellmer asked how many residences
are in the area that the Future Land Use map designates as industrial.
Director Dearborn responded about 15 residences.
Chairperson Bellmer stated that if the
residential property does not become part of this development, then it will sit
for a long time.
MOTION: Chairperson Bellmer, seconded by
Commissioner Pelton, to deny the rezoning.
Director Dearborn expressed concern over the denial, stating that the
seller has rights and that the Commission should explore a justification for
denial because the Future Land Use map indicated industrial.
Commissioner Schaetz asked if residents were
willing to sell or if they would like to stay their homes.
Mr. Krause responded that no one offered to purchase his property.
Mr. Van Abel responded that Mr. Krause’s property is approximately
2-acres and is marketable for an industrial site and that the Commission should
not require Roehl to purchase every property.
Mr. McCarry of Fieldcrest Drive stated that
some other development will come along.
Mr. Van Abel stated that the marketability of this property goes down if
the rezoning is denied.
Commissioner Koeppe stated that this is similar
to spot zoning concerns.
Director Dearborn expressed concern that if denied, multi-million dollar
projects could be held up by one property owner and that the Town cannot
condition a rezoning.
Chairperson Bellmer withdrew his motion to
deny, as did Commissioner Pelton.
MOTION: Chairperson Bellmer,
seconded by Commissioner Pelton to delay for 30-days
the rezoning so that resident concerns can be resolved. Motion carried unanimously.
Department of Community Development Director George Dearborn introduced
the item. He stated that originally
staff recommend a delay, but additional information was give so staff
recommends approval.
Don Castonia of Airport Road stated he had seen
a map that extended 15th Street east to Mayer Street and asked if
this is planned or not.
Director Dearborn responded that extending 15th Street to
Mayer Street is not an officially mapped road.
Mr. Castonia asked about the properties just
west of this and that his is not opposed to this development.
Bob Reider of Carow
Surveying responded that those parcels are owned by Badger Highway.
Commissioner Jochman asked if staff is
recommending a delay or approval.
Director Dearborn replied that staff is recommending approval based on
revised plans submitted addressing the detention ponds.
MOTION: Commissioner Jochman, seconded by Commissioner Pelton
to approve the Preliminary Plat with staff conditions.
Commissioner Schaetz asked if there is any
activity on the site.
Mr. Reider responded that 5 buildings have been
demolished and the 6th will be tomorrow.
Commissioner Schaetz asked if there were any
options that worked the existing trees into the development and if there was
consideration of placing the road in the clearing were there are no trees.
Mr. Reider responded that most of the trees are
scrub brush and that the widths of the lots and setbacks were the factors
determining the location of the street.
Commissioner Schaetz asked if our own standards
are limiting developers.
Pat Gambsky of Fieldcrest Developers stated
that shorter front yard setbacks and smaller street widths would help.
Director Dearborn stated that the Town could look at smaller street
widths, but not setbacks because of County Zoning.
Motion carried 6-0-1
(Commissioner Pelton).
Department of Community Development Director George Dearborn introduced
the item.
Bob Liedl of Tumblebrook
Road stated that the property borders an M-2 (Heavy Industrial) site, similar
to the first item.
Chairperson Bellmer stated that it is similar.
MOTION: Commissioner Jochman, seconded by Commissioner Van Dyke to approve the
rezoning. Motion carried unanimously.
Department of Community Development Director George Dearborn introduced
the item and explained that it is for grant purposes.
Chairperson Bellmer asked if items C & H
were the same.
Director Dearborn responded that they are different pavilions.
Commissioner Schaetz recommended that the
language in item F be added to read Replace deteriorating seawall and boat
landing and consider alternatives to seawall for shoreland
protection.
MOTION: Commissioner Pelton, seconded by Commissioner Schaetz
to approve the text amendment to the Park & Open Space Plan with the
revision of language by Commissioner Schaetz. Motion carried unanimously.
Department of Community Development Director George Dearborn introduced
the item.
Chairperson Bellmer asked if this ordinance was
a drastic change from the original.
Director Dearborn responded no and that a majority of Towns needs to
approve zoning changes.
Commissioner Koeppe asked if the Outagamie County Airport would have input from the Town.
MOTION: Commissioner
Buck, seconded by Commissioner Van Dyke to approve the Text Amendment as
submitted. Motion carried unanimously.
Department of Community Development Director George Dearborn introduced
the item and explained it is time for the annual review of the goals,
objectives and policies and that one area of improvement could be addressing a
wider range of income for housing.
Commissioner Schaetz stated that the Town has
had success working with adjacent communities.
Commissioner Jochman stated that the Town does
a good job of getting information out and considering the effects of decisions
outside of Town Boundaries.
Commissioner Koeppe asked if the Plan Commisison could suggest that the Town Board look into
incorporation.
Commissioner Jochman stated that the Town is running
out of land.
Director Dearborn stated that the Town’s population is over 17,000.
No action was taken on this
item at this meeting.
OLD ITEMS OF BUSINESS:
OTHER BUSINESS:
The
cost-benefit table for December shows that the value for 2005 was close to
2004.

COMMUNICATIONS:
ADJOURNMENT:
Commissioner Pelton announced that he will be resigning from the Plan
Commission after this meeting.
Chairperson Bellmer expressed thanks from the Commission for his years
of service.
MOTION: Commissioner Pelton, seconded by Commissioner Van Dyke to adjourn the
meeting of January 18, 2006 at 7:09 PM.
Motion carried unanimously.
Mark J. Mommaerts
Recording Secretary