***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 Kris Koeppe
Terry Buck Michelle Schaetz Michael Van Dyke
Staff: George
Dearborn, Community Development Director
Mark Mommaerts, Associate Planner
EXCUSED: None
ABSENT: 1 Commissioner position
is vacant
ALSO PRESENT: Mike Blank Jerry Porsche Bruce
Anunson
Marilyn Anunson Ron
Dan Grady
PLEDGE OF ALLEGIANCE:
APPROVAL
OF MINUTES March 15, 2006
The minutes of March were
reviewed. Commissioner Van Dyke noticed
that there is a typo on page three of drive-thru. Motion by Chairperson Bellmer, seconded by Commissioner Van Dyke to approve the
minutes of the
COST BENEFIT ANALYSIS
The cost-benefit table for March shows that there is a positive cost-benefit.
Chairperson Bellmer moved Old Business Item 13, up the agenda to
discuss with New Business Item 1.
OLD ITEMS OF BUSINESS:
- Rezoning
Bruce Anunson 2158 Irish Road 008-0194
& 008-0201
Department of Community Development Director George Dearborn introduced
the item by stating that the present zoning is R-2 (Suburban Residential),
which does not allow the amount of out buildings the applicant has, and the
requested zoning is R-5 (Planned Residential).
Bruce Anunson of Irish Road stated that he is
willing to move the fuel storage tanks off the property and that he is looking
for approval of the CUP and rezoning so he can keep the farm buildings and that
all of his farm equipment will be stored inside.
Director Dearborn stated that the fuel tank can stay on the property.
Chairperson Bellmer asked if the property was
sold, would the out buildings then become non-conforming.
Director Dearborn stated that was correct and that the new owner might
not necessarily have to tear them down at that time, it will depend on the
current zoning.
MOTION: Chairperson Bellmer, seconded by Commissioner Van Dyke to approve the rezoning with the following conditions:
- The Conditional Use Permit is also approved.
Commissioner Jochman asked about the detention ponds and the easements.
Director Dearborn stated that
the easements will follow the property if the property is sold.
Motion carried unanimously.
NEW ITEMS OF BUSINESS:
- Conditional
Use Permit Bruce Anunson
Department of Community Development Director George Dearborn introduced
the item.
See discussion with Item #13.
MOTION: Chairperson Bellmer,
seconded by Commissioner Schaetz to approve the
Conditional Use Permit with the following
conditions:
·
This CUP shall be
limited to the current owner only. When
the property is transferred to another owner the property shall be rezoned to
an appropriate low density zoning district that is compatible with the Towns Comprehensive
Plan and the surrounding land uses.
·
All farm
equipment shall be stored inside the existing out buildings
·
No farming
activity shall be conducted on the property other than for the purpose of
maintaining a garden typically found on a residential lot.
·
No livestock
shall be permitted on the property.
·
The detention
pond located on the property is to be used only for the required detention of
storm water for Winding Creek Subdivision.
·
No additional
structures shall be permitted for this CUP other than those identified on the
site plan.
·
All identified
above ground fuel tanks shall be inspected and maintained to ensure that now
contamination of the surrounding wetlands and ground water shall occur.
·
All structures
shall be maintained to ensure compatibility with the surrounding planned single
family subdivision. Maintenance shall
include the periodic painting of out buildings and any other normal expected
maintenance. The Community Development
Department shall have the authority to require this maintenance when they
determine it is needed. The department
shall have the authority to review and approve the color of paint and/or
replacement siding and roofing materials of the out buildings.
- Sign
Mark Winter Cottagewood Commons
Department of Community Development Director George Dearborn introduced
the item and stated that the signs will be placed at the entrance to the
development and that revised signs have been submitted.
Commissioner Van Dyke asked if the signs will be located in the public
right-of-way.
Associate Planner Mark Mommaerts stated that the signs are outside of the
right-of-way.
Chairperson Bellmer asked if the signs would be
considered off-premise signs.
Director Dearborn stated that the signs need to be in the right-of-way to
avoid this issue.
Commissioner Schaetz asked if the lighting was
shining straight up or on the sign.
Director
Commissioner Jochman asked if staff was ok with
the revised placement of the signs.
Director Dearborn responded yes.
MOTION: Commissioner Jochman, seconded by Commissioner Buck to approve the sign
as revised with the smaller signage and larger setbacks.
Chairperson Bellmer asked how the signs will get into the right-of-way.
Director Dearborn stated that
staff will work with the developer.
Motion carried unanimously.
- Certified
Survey Map Tammy Huza 1338 Lakeshore Drive
008-1110 & 008-1111-01
Department of Community Development Director George Dearborn introduced
the item.
MOTION: Chairperson Bellmer, seconded by Commissioner Van Dyke to approve the
Certified Survey Map with the following conditions:
·
The
CSM shall meet all of the requirements of Chapter 236.34 of the Wisconsin State
Statutes.
·
All taxes and
assessments shall be paid prior to the Town affixing signatures on the Certified Survey Map.
Motion carried unanimously.
- Certified
Survey Map Michael Blank
Department of Community Development Director George Dearborn introduced
the item.
MOTION: Commissioner
Van Dyke, seconded by Commissioner Schaetz to approve
the Certified Survey Map with the following conditions:
- All
taxes and assessments shall be paid prior to the Town affixing signatures
on the Certified
Survey Map.
Motion carried unanimously.
- Condominium
Plat Michael Blank
Department of Community Development Director George Dearborn introduced
the item.
MOTION: Commissioner Jochman, seconded by Chairperson Bellmer
to approve the Condominium Plat with the following conditions:
- All
taxes and assessments shall be paid prior to the Town affixing signatures
on the Condominium Plat.
- The conditions of the Conditional Use Permit
approved by the Town Board on
Motion carried unanimously.
- Landscaping
Plan & Building Elevations Michael Blank
Department of Community Development Director George Dearborn introduced
the item.
Associate Planner Mommaerts passed around the siding material the
applicant was proposing to use on the units.
Commissioner Schaetz asked if there were berms requested by the residents.
Director Dearborn replied no, but that there will be a note on the plat
that the DOT will not construct a noise barrier.
MOTION: Chairperson Bellmer, seconded by Commissioner Buck to approve the
landscaping plan submitted
- Town
B-5 Conditional Use Permit Dan Grady Sidelines Bar & Grille
Department of Community Development Director George Dearborn introduced
the item and stated that the key issues are in regards to the fence and site
plan and possibly a storm water issue.
Chairperson Bellmer asked about the revisions
to the existing ordinance.
Director Dearborn stated that the new ordinance would address changes to
fence height and opacity.
Commissioner Jochman asked if the fence could
be an open.
Director Dearborn replied that yes it could.
MOTION: Commissioner Jochman, seconded by Commissioner Schaetz
to approve the Town B-5 CUP with the following conditions:
- A site plan and elevation indicating the location
and design of the required fencing and any landscaping shall be submitted
to the Department of Community Development.
- The fencing shall be decorative in nature.
- Staff review the storm water drainage issue.
Dan Grady, Sidelines Bar
& Grille, stated that currently the ground slopes toward the building.
Director Dearborn stated that
staff will look at the drainage and review it with the Town Engineer and that
pervious concrete or paving blocks could be used.
Motion carried unanimously.
- Town
B-5 Conditional Use Permit McMahon & Associates Kurz Electric NE corner of Jacobsen and McMahon
Drive (west of Fire Station #40) 008-0240-04
Department of Community Development Director George Dearborn introduced
the item and stated that the trail could be provided at the time of the
Chairperson Bellmer stated that the trail
condition should be modified so that the trail construction will wait until the
Chairperson Bellmer asked about the east
elevation not having a masonry base.
Mr. Nowak explained that they are planning a future expansion in 3-5
years and putting masonry on now only to rip it off later isnt cost
effective. He also stated that there
will be landscaping to screen this side from the road.
Director Dearborn stated that if there is a date certain for the
expansion, then maybe an escrow can be provided in case the expansion wasnt
completed.
Chairperson Bellmer asked about the Fire
Station and the overhead doors that arent screened.
Director Dearborn responded that the Fire Station is in a different
zoning district and the B-5 zoning requires screening for all storage and
loading areas.
Director Dearborn responded that it does not meet the ordinance. He also stated that the requirement cannot be
waived without a variance, but if an expansion will be constructed, then it
could be considered a work in progress so a delay in meeting this requirement
is acceptable.
Commissioner Jochman asked if half the funds
for using the masonry could be escrowed.
Commissioner Schaetz stated that the pedestrian
connection to the trail from the site should be provided at the time of
MOTION: Commissioner Jochman, seconded by Chairperson Bellmer to approve the Town B-5 Conditional Use Permit with the following conditions:
·
The requirements
for a decorative brick/block wall shall be delayed for 5-years for the east
wall of the building, where the future expansion is proposed, due to the plans
to construct an addition within this time period. The applicant shall be required to provide an
escrow of $5,000 which is estimated to be ½ the cost of the decorative
wall. If the applicant fails to
construct the addition within the 5-year time period, then the Town retains the
escrow and the applicant shall be required to construct the decorative wall.
·
A 10-foot wide
asphalt trail along
·
A pedestrian
connection from the building to the trail shall be provided at such time as
·
Enhanced
landscaping on the eastern property line shall be provided to screen the
overhead doors from view off the property.
·
The Landscaping
Plan shall be reviewed and approved by Community Development staff.
·
The masonry base
on the exterior of the building shall continue along three sides. The masonry base on the exterior of the east
side of the building may
be delayed, as specified above, for up to 5 years.
·
All ground level
air conditioning, gas and electric units shall be identified and screened.
·
No sound from the
operations of the business shall be heard beyond the property lines. For the purpose of enforcement, any decibel
reading taken at the property lines of the development shall not exceed the
ambient decibel readings found at the property lines.
·
Detailed Site
Plan A detailed site plan meeting the requirements of the Town of Menasha
Site Plan Review Ordinance & WCTCZO Chapter 17.13-B shall be submitted to the Community Development. The proposal must meet WCTCZO Chapter
17.13-B in its entirety including the following:
Architecture
- Elevations All architectural facades shall meet
WCTCZO 17.13-B.
Architectural elevations, floor plans, material samples, and color
samples shall be submitted to the Department of Community Development for
approval and shall meet WCTCZO 17.13-B in its entirety.
- Setbacks All buildings shall meet the required
setbacks per WCTCZO Chapter 17.13-B.
Landscaping and Screening
·
Landscaping A
landscaping plan shall be submitted by the applicant that meets or exceeds the
standards of the Town of Menasha Municipal Code Chapter 29 and WCTCZO Chapter
17.13-B.
·
Refuse Storage
Dumpster enclosures shall meet WCTCZO Chapter 17.13-B.
·
Services Air
conditioning, gas and electric units shall be identified and screened.
·
Fences No fences are identified. All fences require application
and review.
·
Roof Mounted
Equipment Applicant shall identify RMEs, if any
exist, and provide detail on how they will be screened from view.
·
Open Space The
applicant shall meet WCTCZO 17.13-B regarding 30% open space.
·
FAR (Building
Floor to Site Area Ratio) The applicant shall meet the requirement for FAR
per WCTCZO 17.13-B and submit information to determine the FAR on the
site.
·
Outside Storage
No outside storage of materials shall be allowed. All business, servicing, processing, and
storage shall be conducted within completely enclosed buildings per WCTCZO
17.13-B.
Traffic and Access
·
Parking Parking
shall meet the requirements of WCTCZO 17.26 and 17.13-B.
·
Access Driveway
curb cuts shall require an excavation permit and escrow through the Street
Department.
Streets and Improvements
·
Improvements
All improvements shall meet the Town of
Lighting
·
Lighting All
fixtures including exterior building fixtures shall be direct cut-off
fixtures. Lighting requirements shall
meet WCTCZO 17.13-B.
Stormwater and Erosion Control
·
Stormwater and Erosion Control A
Stormwater and Erosion Control Plan shall meet WCTCZO 17.13-B and Town of Menasha Municipal Code Chapter 31 in its
entirety.
General
·
Signs No signage details are indicated. Any proposed
signs require separate application and review.
·
Accessory
Structures Any future accessory structures or additions will require a new
Town B-5 Conditional Use Permit.
·
Radio and
Television Antennas No antennas are
indicated. Radio and
Television Antennas shall meet WCTCZO 17.13-B.