Town Hall,
Wednesday May 16, 2001 for approval at the
6/20/01 meeting
Chairperson Bellmer called the meeting to order at 5:00 p.m.
PRESENT: Chairperson Bellmer and Planning Commissioners’ Chuck Lewis,
Michael Van Dyke, Harold Pelton, Dennis Jochman, Kris Koeppe,
and Tom Schein. Community Development Director George
Dearborn and Associate Planner Jeffrey Smith.
ALSO PRESENT: David Hildebrand
Melissa Naczak
Tom Bohn
Jane Bahr
Jeff Ziolkowski
Don Hendrickson
Robert Langdon
Dan Hoel
Bob Drifka
Kara Henschel
Lynn Kriha
Mark Nelessen
1. Public Hearing – Annual Update to the Town of Menasha
Comprehensive Plan
Director Dearborn briefly explained how the Comprehensive Plan was reviewed on an annual basis and that the Town would begin to update the plan, in accordance with State Smart Growth Legislation, this year. Director Dearborn then listed some of the goals and objectives that still need to be completed. Furthermore, the Town has to revise some of the dates/timetables to complete them. Finally, Director Dearborn explained that the Comprehensive Plan update would use the Town website to publish drafts of the plan and then allow the public to make comments electronically.
Commissioner Jochman asked if there were specific completion dates for these goals and objectives to be implemented. For instance, Commissioner Jochman inquired if the Smart Growth standards mandated specific completion dates. Director Dearborn responded by stating that there were no specific completion dates but the Town would actively pursue the implementation of all of the goals and objectives of the plan.
Chairperson Bellmer clarified that objective #6 (e.g. adopting subdivision, zoning, etc. maps) has already begun. Director Dearborn concurred with this statement but did explain that the Town must still go into further detail with this objective.
Chairperson Bellmer questioned whether objective #7 (adopting a stormwater management ordinance) could be implemented by the target date of Fall 2001. Director Dearborn stated that it could possibly be implemented by the target date but it depended on whether the Town Board would want to pursue the ordinance. Commissioner Lewis then commented that a stormwater management ordinance should be pursued on a regional basis. Director Dearborn responded by pointing out that a Town staff person is currently a member of a countywide committee that is developing a stormwater ordinance for Winnebago County. Furthermore, Director Dearborn explained that the Town should also have an ordinance to address its own stormwater issues.
Commissioner Koeppe asked if the proposed Airport Overlay District would be included in the plan and Director Dearborn responded by explaining that it was not currently an issue to be addressed by the Comprehensive Plan.
Director Dearborn advised the Commission, based on a comment by Commissioner Pelton, that the Comprehensive Plan should address how the Planning Commission was restructured to include an all citizen member commission.
Motion by Commissioner Pelton, seconded by Commissioner Koeppe, to adjourn the public hearing. Motion carried unanimously.
The Planning Commission then recommended that Objective #7 be changed to Spring 2002 and that an additional objective be added, which would address the restructuring of the Planning Commission to include an all citizen member commission.
Motion by Chairperson Bellmer, seconded by Commissioner Lewis, to approve the revised timetables, including the specified changes, for implementing the goals and objectives of the Comprehensive Plan. Motion carried unanimously.
Motion by Commissioner Van Dyke, seconded by Chairperson
Bellmer, to approve the minutes of the Planning Commission meeting of April 18,
2001. Motion carried unanimously.
2. Conditional Use Permit Modification – Century Oaks Home, Inc. – W. American Dr. – (008-0267-03, 008-0267-01)
Director Dearborn reported to the Commission that the
applicants were proposing to modify their CUP that was approved in January
2001. The Community Based Retirement Facility (CBRF) would now be two-stories,
as opposed to one-story, and remain 80-units. The density of 9.3 units per acre
would remain as well. The height (about 30 ft.) would be similar to the height
of a two-story home. The CBRF would now be located on the eastern portion of
the parcel, with an abundance of open space on the western end.
Director Dearborn explained that some of the Highland Park
Rd. neighbors recently met with the applicants to develop a
landscaping/screening plan. The landscaping plan was then presented at the
meeting.
Director Dearborn listed the conditions set forth by staff
for the CUP modification:
1. Installation
of a 10 wide asphalt pedestrian trail along West American Drive.
2. An internal
sidewalk connecting to this trail.
3. Submittal
and approval by staff of a detailed site plan incorporating the following
information
(a) A drainage
plan meeting all Town requirements
(b) A landscape
plan showing how the development will be screened from the adjacent
single-family residential area. The Planning Commission will review this plan
and approve at the meeting if it is adequate.
(c) An exterior
façade detail that shows how the development will be made compatible with the
adjacent residentially zoned property.
(d) A lighting
plan that limits light to the development only by the use of full cut off
fixtures.
(e) There must
be adequate access around the building for emergency vehicles.
(f) Compliance
with all other local, state and federal requirements.
Commissioner Lewis stated that his main concern with the
project involved screening in the rear of the property. The applicants from
Century Oaks then explained that there would be a berm, with pine trees planted
on top (grow up to 20 ft.), to be used as screening at the rear of the
property.
Commissioner Jochman clarified that 9.3 units per acre is
a common Town density standard but then questioned whether the applicants would
later use the western portion of the parcel for another phase of the project.
Another phase would then increase the density and possibly violate the Town’s
policy of a maximum of 12 units per acre. Director Dearborn explained that the
applicants would have to apply for another CUP if another phase was proposed
for the western portion of the parcel.
The applicants stated that a two-story building (smaller
building, smaller hallways) would be better living conditions for their elderly
residents.
David Hildebrand, 1829 Cold Spring Rd., stated that he was
in favor of the CBRF.
Kara Henschel, 1000 Highland Park Rd., was concerned about
the potential of another future phase on the western end of the property.
Lynn Kriha, 989 Highland Park Rd., asked if the open space
would be mowed. The applicants stated that they intended on keeping the western
end open, with potential landscaping if feasible. Jane Bahr, 1049 Highland Park
Rd., clarified that the western portion had to be maintained and kept free of
weeds.
Commissioner Lewis pointed out the possibility of the
western portion being split into a new lot and then being used for another use.
Commissioner Jochman then recommended an amendment to the CUP modification,
which would also include the condition that the entire parcel cannot be split
because of the Town density standards and another condition mandating that
there would be minimal landscaping incorporated on the western portion of the
property.
Motion by Commissioner Jochman, seconded by Commissioner
Koeppe, to approve the amendment to the CUP modification. Motion carried with 6
Aye, 1 Nay (Chairperson Bellmer).
Motion by Commissioner Pelton, seconded by Commissioner Lewis, to approve the CUP modification, with the specified conditions. Motion carried with 5 Aye, 2 Nay.
Commissioners’ Lewis, Pelton, Jochman, Koeppe, Schein Aye; Chairperson Bellmer, Commissioner Van Dyke Nay.
3. Variance – Jeremy Martin – 2340 Holly Road – (008-0119-02-01)
Director Dearborn explained that the applicant was requesting a variance to be able to have an adult business that was within 2000 ft. of a residential zoned district. Director Dearborn then presented a map showing the zoning in the nearby areas and another map highlighting the properties located within 2000 ft. of the subject property. Based on these maps, Director Dearborn stated that the proposed adult use would be located within 2000 ft. of single-family homes, duplexes, and a church. Finally, Director Dearborn pointed out that staff received letters and phone calls objecting to the variance and also received one letter by the applicant’s attorney in favor of the variance request.
Director Dearborn then briefly listed the variance justifications (exceptional circumstances, preservation of property rights, absence of detriment) and explained that the variance request failed to meet them. For instance, vacancy of a building does not equate to a hardship and an adult use is not a use by right in any zoning district. Furthermore, the proposed use would be located within 2000 ft. of residential lots, including an active church, and therefore it would violate the zoning ordinance.
Jeremy Martin, the applicant, stated that one cannot see the residential areas from the subject property. In addition, Mr. Martin explained that the hardship would be the inability to then open an adult business at the subject property. Furthermore, Mr. Martin stated that the nearby church was vacant but Director Dearborn quickly interjected to point out that the church was indeed active. Finally, Mr. Martin claimed that the proposed adult building was approximately 1,600 sq. ft. from residential zoned property.
Commissioner Lewis pointed out that the zoning ordinance was clear on the 2000 ft. distance requirement and that the variance does not meet the justifications. Hence, he would then recommend denial of the variance.
Commissioner Jochman stated that the distance measurements by Town staff, using Geographic Information Systems (GIS), were very clear and actually indicated that the subject property was even closer to residential lots than what the applicant claimed.
Dave Hildebrand, 1829 Cold Spring Road, stated an objection to the variance. Don Hendrickson, representing Steenberg Homes, stated a concern about an adult business being located near his business and therefore objected to the variance request.
Motion by Commissioner Lewis, seconded by Commissioner Pelton, to deny the variance as submitted. Motion carried unanimously.
4. Certified Survey Map – Martenson & Eisele – Casaloma Dr. – (008-0120-06-01)
Director Dearborn reported to the Commission that the CSM
off of Casaloma Dr. would split one lot into two newly created lots. The CSM
would then allow the current property owner to sell Lot 2 for an industrial or
commercial use.
Chairperson Bellmer stated a concern about an unrecorded
30 ft. drainage easement. Dan Hoel, Martenson & Eisele, explained that the
drainage easement was not recorded in the past but this CSM would make it
officially recorded.
Motion by Commissioner Jochman, seconded by Commissioner Schein, to approve the CSM as submitted. Motion carried unanimously.
5. Certified Survey Map – Martenson & Eisele – Kisser Ct. – (008-0147-01)
Director Dearborn explained that the CSM off of Kisser Ct. would split one lot into two newly created lots. The CSM would then allow the current property owner to sell Lot 2 for an industrial or commercial use. Director Dearborn pointed out that the property has now been split into four parcels, which was the maximum allowed to be created through a CSM.
Motion by Commissioner Van Dyke, seconded by Commissioner Pelton, to approve the CSM as submitted. Motion carried unanimously.
6. Text
Amendment to Section 17.19 (Mineral Extraction) of the Winnebago County Zoning
Ordinance
Director Dearborn explained that the text amendment would allow extraction only at grade and from specific distances from the right-of-way or adjacent property line. For example, this would allow the reduction of grade for a road expansion project. Chairperson Bellmer clarified with Director Dearborn that the text amendment would not allow for a quarry project.
Motion by Commissioner Jochman, seconded by Commissioner Lewis, to approve the text amendment as submitted. Motion carried unanimously.
Director Dearborn reported to the Commission that two members were recently reappointed and one member unfortunately resigned.
OTHER BUSINESS
ADJOURNMENT:
Motion by Chairperson Bellmer, seconded by Commissioner Koeppe, to adjourn the meeting at 6:08 p.m. Motion carried unanimously.
Respectfully submitted
Jeffrey Smith
Associate Planner