PLANNING COMMISSION MEETING MINUTES

Town Hall, Wednesday November 14, 2001 for approval at the

12/12/01 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 Richard Ratchman. Community Development Director George

Dearborn and Associate Planner Jeffrey Smith.

ALSO PRESENT: Russ Handevidt Susan Phillips Tina Bachorz

Pam Bourque Dale Youngquist Bob Liedl

Mark Heyeman Judy Youngquist Mark Schmitt

Russ Schultz Wende Sturm Gwen Schmitt

Jennette Oestreich Paul Holinbeck Ron Masanz

Gary Smith Greg Fromm Dough Hahn

Jeff Wooldridge Barb Heeter Ken Neveau

Janet Mulvey Suzanne Derby

Larry Mulvey Cindy Lund

Lani McConnell Joe Kaufman

Dennis Kraft Jan McHugh

Tony Jankowski Joyce Neveau

Jeanine Jankowski Arden Tews

Mark Isaac Jim Johnson

Jane Isaac Tom McHugh

Approval of Minutes – October 17, 2001

Motion by Chairperson Bellmer, seconded by Commissioner Van Dyke, to approve the minutes of the Planning Commission meeting on October 17, 2001, with the condition that the Watermolen 1999 proposal of 120 units be added to the minutes. Motion carried unanimously.

1. Certified Survey Map – Thomas Fishel – 1072 Timber Run Dr. – (008-0456-01, 008-0456-01-01)

Director Dearborn discussed the history of the subject property on Timber Run

Dr. For instance, in 1994, an approved CSM mandated that the 3 outlots were to

be attached to the adjacent lot to the south. Director Dearborn then pointed out a

map that showed the intention of that CSM. Next, Director Dearborn referred to another

map that showed what actually happened since 1994. For example, two of the outlots were not attached to their southern lot and the applicant purchased an outlot that should have been attached to another owner’s lot.

The applicant, Tom Fishel, was then requesting the current CSM proposal since he installed a pool on a vacant lot that was outside of the Timber Run subdivision plat. The CSM would then combine two vacant lots owned by Mr. Fishel into one newly created lot, which would be deed restricted to the residential lot (Lot 11). Director Dearborn stated that the Town was requesting further information, such how/why Mr. Fishel was able to purchase Lot 1 and also to examine any deeds that were involved in that sale of land. Finally, Director Dearborn insisted that a resubdivision plat would be the ideal way to address the issue.

Chairperson Bellmer clarified with Director Dearborn that one of the lots owned by Mr. Fishel, located directly north of his home, was not a part of the Timber Run Plat.

Motion by Commissioner Jochman, seconded by Commissioner Lewis, to delay the CSM for thirty-days in order for the applicant to provide additional information to Town staff. Motion carried unanimously.

2. Extension of Town Conditional Use Permit – U.S. Oil Co., Inc. – W. American Dr. – (008-0224-03)

Director Dearborn explained that the applicant was requesting a 90 day extension to their Town CUP for a convenience store/gas station, which would be located on the NE corner of W. American Dr. and County Rd. CB. The applicant is in the process of pursuing another use for the property. If another use is not found, the applicant still intends on moving forward with the project but would require an extension to the Town CUP.

Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the 90 day Town CUP extension as submitted. Motion carried unanimously.

3. Rezoning – Town of Menasha – Cold Spring Rd. – (008-0241-02)

Director Dearborn reported to the Commission that the Town was requesting a rezoning for the Fire Station, located on Cold Spring Rd., from R-2 (Single-Family) to M-2 (Heavy Industrial). In addition, Director Dearborn explained that the Town has a proposal for a cell tower, which would likely be placed on the NW corner of the property. The Fire Department could also attach communication antennas for their use. Director Dearborn pointed out that the Town would have more control over the height and design of the tower, since it would be located on Town property. The Town would not have this control if the tower were placed on nearby commercial or industrial property. Furthermore, the cell tower would provide significant revenue to the Town if were placed on Town property as opposed to an adjacent property. Finally, Director Dearborn explained that if the property were ever sold, it would have to be rezoned to B-5 (Planned Commercial).

Chairperson Bellmer clarified that the B-5 and M-2 zoning districts allow cell towers by right.

Ron Masanz, 1428 Windmar Dr., questioned why the property was proposed to be rezoned to M-2. Also, Mr. Masanz felt that there was a Town conspiracy to sell the land and still have the M-2 zoning. Mr. Masanz would prefer a rezoning to B-2 or B-5. Director Dearborn quickly responded by explaining that the M-2 zoning was the only zoning district that would allow the current setbacks for the fire station and furthermore, there was no conspiracy by the Town. In addition, Director Dearborn stated that deed restrictions could be placed on the property to ensure that it could only be used for a fire station or a commercial use. Mr. Masanz questioned if it was certain that the cell tower would be placed on an adjacent commercial or industrial property if the rezoning were denied. Director Dearborn responded by explaining that the cell company has chosen the area for a proposed cell tower and again he pointed out the benefits of locating it on town property (e.g. design control, revenue generation). Director Dearborn responded to other concerns from Mr. Masanz by explaining that it would be very unlikely that the property would ever be used for a different use than a fire station. Furthermore, the Town could place many conditions on the proposed 80 ft. tower, such as it being a monopole and designed (e.g. certain color) to blend in with the adjacent residential area. Finally, Director Dearborn later stated that a special Town meeting would be required in order to sell town land.

Commissioner Jochman inquired if a variance could be requested for the fire station if the property were rezoned to a commercial district. Director Dearborn responded by stating that Winnebago County would deny a commercial rezoning because it would make the existing fire station building nonconforming.

Dale Youngquist, 1478 Windmar Dr., was opposed to the cell tower and would prefer the deed restriction option. Mr. Youngquist clarified with Director Dearborn that the Town would receive approximately $1,000 a month from the cell tower lease agreement.

Commissioner Lewis clarified with the Commission on the design of the monopole and antennas.

Commission Jochman asked if staff could pursue deed restrictions and get further comments from residents on the proposed tower. Director Dearborn stated that Town staff could pursue these options.

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the rezoning from R-2 to M-2 as submitted. Motion carried unanimously.

4. Certified Survey Map – Joseph Franzoi – 1650 Palisades Dr. – (008-1035, 008-1038)

Director Dearborn pointed out that the proposed CSM would combine two lots into one newly created lot. This would then give the property owner more flexibility with future house expansions or adding accessory structures.

Motion by Commissioner Jochman, seconded by Commissioner Van Dyke, to approve the CSM as submitted. Motion carried unanimously.

5. Modification of Conditional Use Permit – MEE Bellevue LLC – E. Shady Ln. – (008-0131)

Director Dearborn stated that the major modification to the CUP was now for a 2.03 acre park to be dedicated to the Town. Chairperson Bellmer clarified with Director Dearborn that the Commission must only address the modification to the plan. Commissioner Lewis then pointed out that a new condition by staff required a sidewalk fronting on the E. Shady Lane portion of the property, with a paved area for bus users.

Chairperson Bellmer concurred with Director Dearborn that a secondary access on Arena Dr. would be required for this project. Commissioner Koeppe later concurred on this requirement. Commissioner Jochman then clarified with Town staff that the Fire Department would address emergency access issues through site plan review. Furthermore, Commissioner Jochman stated that if the proposal was for a single-family subdivision, then the secondary access would be mandated.

Jane Isaac, 885 Tumblebrook Rd., clarified that the park would be dedicated to the Town. Also, Ms. Isaac stated that she was still concerned with the safety of school children at their bus stops. Jeff Smith, Associate Planner, then briefly described the nearby bus stops and listed the number of children waiting at them. Also, Mr. Smith stated that he discussed this issue with the Supervisor of Transportation for Neenah Schools, who explained that it would be possible to move a bus stop if the sidewalk condition was approved. The exact process would not clearly identified by the Transportation Supervisor but he did explain that he was open to concepts by Town staff or from residents attending school board meetings.

Barb Heeter, 1960 Tumblebrook Rd., explained that Neenah School representatives told her that it was very difficult to move bus stops. Also, Ms. Heeter felt that the density of the project should not include the 2 acre park dedication.

Wende Sturm, 761 Trailsway Lane, clarified with Director Dearborn that the private drive for the park would be located along its southern portion. Pam Bourque, the developer, briefly described the layout and the number of units in each two-story building. Ms. Sturm then inquired if a swap of land was an alternative. Director Dearborn explained that staff explored other town properties and found none that would be appropriate for a swap.

Commissioner Lewis asked if the park should be included in calculating the density of the project. Director Dearborn then pointed out that the park would be available for all town residents and therefore, it would make sense to include it with the density calculation.

Gwen Schmitt, 1947 Tumblebrook Rd., was concerned with the safety of the private drive going through the proposed park.

Doug Hahn, the attorney for the developer, explained that the applicant has been and will continue to work with staff and the residents to address their concerns, such as putting in a private drive through the park that would be suitable for emergency vehicles. Also, Mr. Hahn explained that the applicant has now proposed to dedicate a park and provide for a sidewalk, with an area for bus users.

Julie Ray, 840 Tumblebrook Rd., preferred some sort of blending, such as duplexes surrounding the apartments.

Paul Holinbeck, 1975 Tumblebrook Rd., felt that the density of the proposal was incompatible with the surrounding area.

Commissioner Jochman questioned the residents on whether they have attended school board meetings in order to address the bus stop issue. Commissioner Jochman then recommended that the residents attend the school board meetings and show the same passion at those meetings as they do at Town meetings. Commissioner Jochman later stated that the developer has been very willing to work with the Town in order to address the major concerns about the project. Finally, Commissioner Jochman believed that there would be a lawsuit against the Town if the CUP were denied.

Cindy Lund, 1968 Tumblebrook Rd., stated school bus safety concerns, even without an apartment project.

Director Dearborn reinforced the fact that the Town Bd. approves road reconstructions/trails and it must then deal with the fiscal issues involved with these decisions.

Tony Jankowski, 2163 Redtail Dr., felt that Arena Dr. was unsafe for children and not wide enough to accommodate increased traffic that would access the park. Commissioner Lewis stated that to avoid this traffic/pedestrian problem, the bus stops should remain the same and the park then may not be needed.

Commissioner Pelton recommended that the residents talk to the Winnebago County Sheriff about the safety issues in order to get a quicker response/change to the bus stops.

The revised conditions for the CUP are as follows:

1. A detailed site plan be prepared for review by town staff, which meets all town regulations and R-5 zoning district standards.

2. A drainage plan, with calculations, must be submitted to the Town Engineer for review & approval. The drainage plan must address the proposed berms.

3. The detail of the exterior façade for the apartment buildings and garages be reviewed by town staff in order to ensure that it is compatible with the surrounding land uses.

4. A landscape plan be submitted for review and approval by Town staff.

5. Additional screening, such as fencing, be placed along the portions of the property that abuts the residential areas.

6. The applicant dedicates 2.03 acres of the property to be used as a public park.

7. Left and right turn lanes shall be constructed at the E. Shady Ln. entrance in order to address the increased traffic flow.

8. There are adequate areas within the apartment complex to allow for emergency vehicle access and turnaround.

9. Detail of the lighting be submitted for review by town staff. All lighting must be full cut-off fixtures.

10. A 5 foot wide sidewalk shall be constructed along E. Shady Lane for the length of the property with an expanded paved area to provide a waiting area for public and school bus users.

11. The applicant complies with all other federal, state, and local regulations

Motion by Chairperson Bellmer seconded by Commissioner Lewis, to approve the CUP modification, with the specified conditions. Motion carried unanimously.

OLD ITEMS OF BUSINESS

OTHER BUSINESS

Dennis Kraft, 124 Anton Ct., requested that the Town pursue a lighting ordinance since he has had lighting problems in his neighborhood. Town staff is in the beginning stage of research in order to adopt a lighting ordinance.

Director Dearborn mentioned that a schedule for the Comprehensive Plan process will be issued soon to all the Commissioners.

ADJOURNMENT:

Motion by Commissioner Lewis, seconded by Commissioner Ratchman, to adjourn the meeting at 6:29 p.m. Motion carried unanimously.

Respectfully submitted,

Jeffrey Smith

Associate Planner