PLANNING COMMISSION MEETING MINUTES

Town Hall, Wednesday March 21, 2001 for approval at the

4/18/01 meeting

 

 

Chairperson Bellmer called the meeting to order at 5:00 p.m.

 

PRESENT:  Chairperson Bellmer and Planning Commissioners’ Michael Van

                     Dyke, Harold Pelton, Dennis Jochman, Kris Koeppe, and Tom

                     Schein. Community Development Director George Dearborn and

                     Associate Planner Jeffrey Smith.

 

EXCUSED:  Commissioner Lewis

 

ALSO PRESENT:   Larry Moye                        Greg Ziegler                 John Davel

                                 Debbie Moye                      Stephanie Ziegler        Bob Kreikamp               

                                 John Martin                         Linnae Plote                Jeff Marlow

                                 Sue Hoyman                        Kenzie Plote                Mike Pheifer

                                 Chris Hoyman                     Spenzer Plote               Bob Thibault

                                  Jim Pappas                         Randy Delcore

                                  Larry Dianne                      Mark Winter

                                  Eric Turner                         Debra Tuttle

                                  Michelle Turner                  Bill Tuttle

                                  Laurel Marchinowski         Robbie King

                                  Dennis Rufe                        Dave Johnston

                                  Elizabeth Brayton               Eileen Thibault

                                  Richard Brayton                  Bob Hochtritt

                                  Michael Guralski                 Cindy Boyer

                                  Mike Brennan                      Laurie Hoelzel

                                  Claire Wick                          Steve Hoelzel

                                  Roger Spindler                     Lois Thron

                                  Gary Wick                            Mary Klima

                                  Bruce Nelson                        Kathy Prusse

                                  John Kalfahs                          Larry Olsen

                                  Kerrie Thistle                         Conrad Prusse

                                  Jeff Thistle                             Dotty Meyer

                                  Claire Martin                          Rick Meyer

                                  Andy Smiltneek                      Marilyn Drury

                                  Linda Smiltneek                      Tim Blenke

                                  Jim Donnellan                          James Michener

                                  Anne Donnellan                       Kim Theisen

 

 

Approval of Minutes – February 21, 2001

 

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the minutes of the Planning Commission meeting of February 21, 2001. Motion carried with 6 Aye, 1 Excused (Comm. Lewis).

 

1. Certified Survey Map – Airport Corporation – (008-0091, 008-0091-03)

 

Director Dearborn stated that the applicant resubmitted the CSM, since it was altered to now include an outlot. The original CSM, approved by the Planning Commission in October 2000, adjusted the right-of-way on Stroebe Rd. in order to allow Lot 1 to conform to the 30 ft. street setback requirement.

 

Motion by Commissioner Van Dyke, seconded by Commissioner Schein, to approve the CSM as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer, Commissioners’ Van Dyke, Pelton, Jochman, Koeppe, Schein Aye; Commissioner Lewis Excused.

 

 2. Certified Survey Map – John Pagel – (008-0422, 008-0422-03)

 

Director Dearborn reported to the Commission that the CSM for 1516 Plank Rd. would combine two lots into one new lot in order to correct an existing zoning non-conformance. The CSM would allow the applicant to make potential improvements and/or additions onsite, since the single-family home no longer crossed a lot line.

 

Motion by Commissioner Jochman, seconded by Commissioner Koeppe, to approve the CSM as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer, Commissioner’s Van Dyke, Pelton, Jochman, Koeppe, Schein Aye; Commissioner Lewis Excused.

 

3. Variance – Sue & Christopher Hoyman – 2333 Palisades Dr. – (008-1077)

 

Director Dearborn explained that the applicants requested a variance to construct an addition to their garage, which would not conform to the side setback requirement. The minimum side setback requirement is 7 ft. and the garage would be 5 ft. Director Dearborn then listed and briefly explained the three variance justifications, which include: exceptional circumstances, preservation of property rights, and absence of detriment. Director Dearborn then explained that the variance request did not meet these justifications but also stated that he preferred that the zoning ordinance be amended, which would create a special zoning district allowing reduced setbacks in older neighborhoods. Winnebago County has not approved any such change to the zoning ordinance. Finally, Director Dearborn stated that an adjacent property owner contacted him and explained that he was granted a variance for a similar setback issue.

 

Commissioner Jochman clarified that the side setback of 5 ft., even though non-conforming, would still remain with the proposed garage addition. Furthermore, since the current side setback would not change, Comm. Jochman stated that he would recommend approval of the variance request. Commissioner Koeppe clarified with Director Dearborn that staff had not received any phone calls that objected to the variance request. Sue Hoyman, the applicant, stated her variance request and noted that the addition would expand the garage closer to the road.

 

Motion by Commissioner Jochman, seconded by Commissioner Schein, to approve the variance as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer, Commissioner’s Van Dyke, Pelton, Jochman, Koeppe, Schein Aye; Commissioner Lewis Excused.

 

4. Preliminary & Final Plat – 1st Addition to Clover Meadows

 

Director Dearborn explained that the plat would create four lots and an outlot in the Clover Meadows apartment complex. Since the Clover Meadows plat is zoned R-5 (Planned Residential), Winnebago County requires either a condominium plat or subdivision plat. The only condition set forth by staff is that the plat receives favorable approval from all agencies and municipalities with approval authority.

 

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the preliminary & final plat, with the specified condition. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer, Commissioner’s Van Dyke, Pelton, Jochman, Koeppe, Schein Aye; Commissioner Lewis Excused.

 

OLD ITEMS OF BUSINESS:

 

1. Rezoning – Davel Engineering – (008-0250)

 

Director Dearborn discussed the three different proposals for the 14.39-acre parcel located to the south of Millbrook Dr. The first proposal included all multiple family apartment buildings and the second proposal indicated a combination of duplexes, multiple-family apartments, and commercial uses. The most recent proposal arrived as a result of a meeting between the developer and some of the adjacent property owners, which still consisted of the three different uses but altered things such as access and layout. Concerning the rezoning request from B-3 (General Business) to R-5 (Planned Residential), Director Dearborn stated that it would conform to the Future Land Use Map since it designated the land to be a mixed use.

 

Mike Pheifer, 704 Millbrook Dr., stated a concern about the compatibility of the development proposal with the surrounding neighborhood. Lois Thron, 704 Treyburn Ct., concurred with this view. In addition, Mr. Pheifer felt that the density of the proposal (5.38 units per acre for the duplexes and 9.41 units per acre for the apartments) was not compatible with the density of the nearby single-family neighborhood.  Furthermore, Mr. Pheifer preferred that there would be restrictive covenants on the Millbrook Dr. lots in order for these lots to be compatible with the nearby single-family homes. For example, he wanted the townhouses to be more unique and not just have a “cookie-cutter” style. Chairperson Bellmer then clarified that the current plan indicated that the footprints for all the duplexes would be identical. Another concern by Mr. Pheifer dealt with the fear of only a few duplexes being built and all the apartment buildings being built. This would then have the effect of eliminating the duplexes serving as a buffer. Finally, Mr. Pheifer stated that the Town ordinance on Planned Unit Developments (PUD’s) called for open space dedications.

 

Commissioner Pelton clarified with Director Dearborn that the Commission can add conditions to the CUP as deemed necessary, such as design and façade review, but could not regulate the sq. ft. since that could be deemed as discriminatory/exclusionary.

 

Dick Meyer, 752 Saddlebrook Ct., objected to the proposal and respectfully asked if any Commission members had any financial incentive for the project receiving approval. The Commission strongly denied this accusation and reiterated that they are voluntary members who make recommendations to the Town Board.

 

Larry Olsen, 1841 Eagle Dr., stated a concern about only a few duplexes being built and all the apartment building being constructed. Furthermore, Mr. Olsen preferred that there be a condition that mandated that all the duplexes be built. Finally, Mr. Olsen expressed the view that there should be lesser units (smaller density) in the apartment buildings.

 

Jeff Marlow, the developer, presented a new site plan to the Commission, which was based on the meeting with some of the neighbors. The newest proposal showed one long cul-de-sac coming off of American Dr, which would provide the only access to the apartment buildings and 13 duplexes. The duplexes on Millbrook Dr. could then only be accessed from Millbrook Dr.  The commercial use remained the same. Mr. Marlow stated that he felt that the densities were adequate for the area and that he has revised the plan many times to meet the concerns of the neighbors. Furthermore, Mr. Marlow was willing to agree to restrictive covenants for the project. For example, the developer would have to build up to 80 percent of the duplexes.

 

Commissioner Jochman clarified with Mr. Marlow that the newest proposal had 43 percent open space. Director Dearborn later commented that he interpreted the proposal to have common open space, which is a requirement of a PUD.

 

Larry Moye, 895 Millbrook Dr., shared a similar concern by other neighbors about the possibility of only a few duplexes being built. In addition, Mr. Moye was worried about potential increased crime associated with this project and the apartment buildings depreciating over time. Marilyn Danz, 716 Treyburn Ct., stated a similar concern about potential increased crime and also questioned the safety of the proposed long cul-de-sac. Mr. Moyer and Ms. Danz both stated that they would prefer a B-3 allowed use.

Commissioner Jochman responded to the concern about the cul-de-sac by explaining that Town police and fire would rather have two separate access points onto American Dr. and Millbrook Dr. Director Dearborn then stated that other staff would also have concerns about the cul-de-sac and access.

 

John Kalfahs, 751 Millbrook Dr., was concerned about being surrounded by multiple family developments. Linnae Plote, 748 Saddlebrook Ct., opposed the project and did not want to have her upscale home located near multiple family apartments. Jim Pappas, 1853 Oxwood Dr., stated a concern about the “harmony” of the area being disrupted with the proposed project. James Michener, 684 Millbrook Dr., stated an opposition to the project. Eric Turner, 1887 Eagle Dr., claimed that he would have never purchased his home if he knew that the property in question would someday be rezoned to R-5.

 

Andy Smiltneek, 768 Millbrook Dr., questioned if the duplex lots would ever sell and stated that he would prefer a B-3 use. Roger Spindler, 1845 Eagle Dr., would also prefer a B-3 use.

 

Chairperson Bellmer then interrupted to explain that the proposal does conform to the Future Land Use Map as a mixed use. Furthermore, Chairperson Bellmer stated that there could be some B-3 allowed uses that the neighbors may not want.

 

Conrad Prusse, 708 Treyburn Ct., and Karen Thistle, 778 Copperhead Dr., stated their fear of property values decreasing and taxes increasing as a result of this project. Commissioner Jochman reiterated the study he has referenced from previous meetings, which indicated that the property values of single-family homes located adjacent to an apartment complex were not adversely affected or decreased as a result. Dave Johnston, 1853 Eagle Dr., disputed this study and explained that he would rather see a B-3 use. Bill Tuttle, 1888 Eagle Dr., pointed out that the Millbrook Dr. homes were more costly than the homes in the study.

 

Linda Smiltneek, 768 Millbrook Dr., and Claire Martin, 860 Millbrook Dr., both stated that the Neenah schools already have an overcrowding problem and the project would only add to it. Commissioner Jochman then stated that studies have shown that multiple-family developments have fewer children than single-family developments. Director Dearborn elaborated on this issue by explaining that the Town of Menasha has already issued a lot of single-family home permits at this time as a result of many single-family lots being created by new subdivisions. Hence, the Neenah School District must address enrollment increases resulting from increased growth, whether it results from multi-family or single-family developments.

 

Mr. Marlow then inquired if the B-3 district would allow for mini-storage buildings. Director Dearborn responded by explaining that this would not be an allowed use in that district.

 

Director Dearborn mentioned that the update to the Comprehensive Plan would begin this year. Furthermore, Director Dearborn encouraged the public to participate in this update, especially when it came to concerns over the future use of properties located in the Town.

 

Motion by Chairperson Bellmer, seconded by Commissioner Schein, to deny the rezoning from B-3 to R-5 as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer, Commissioner’s Van Dyke, Pelton, Jochman, Koeppe, Schein Aye; Commissioner Lewis Excused.

 

2. Conditional Use Permit – Davel Engineering – (008-0250)

 

The details for the CUP are stated in the rezoning for old agenda #1. The Planning Commissioners’ have the same recommendation for the CUP as they did for the rezoning.

 

Motion by Chairperson Bellmer, seconded by Commissioner Schein, to deny the CUP as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer, Commissioner’s Van Dyke, Pelton, Jochman, Koeppe, Schein Aye; Commissioner Lewis Excused.

 

 

OLD ITEMS OF BUSINESS

 

OTHER BUSINESS

 

Director Dearborn reported to the Commission that the Town has requested an amendment to the joint Town/County zoning ordinance on the section for signs in the B-4 and B-5 zoning districts.

 

ADJOURNMENT:

 

Motion by Chairperson Bellmer, seconded by Commissioner Van Dyke, to adjourn the meeting at 6:46 p.m. Motion carried with 6 Aye, 1 Excused.

 

                                                                                  Respectfully submitted,

 

 

 

 

 

                                                                                   Jeffrey Smith

                                                                                   Associate Planner