PLANNING COMMISSION MEETING MINUTES

Municipal Complex, Wednesday April 16, 2003 for approval at the

5/14/03 meeting

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

PRESENT: Chairperson Alvin Bellmer, Planning Commissioners Michael Van

Dyke, Kris Koeppe, Richard Ratchman, Dennis Jochman, Harold Pelton, and Charles Lewis. Community Development Director George Dearborn and Recording Secretary Kevin Schultz

ALSO PRESENT: James Labre, Bev Labre, Joe Nemecek, Randy Fischer, Bruce

Anunson, Francis Voissem, Marlene Voissem, William E. Smith,

Richard Halbrook, Richard DeKleyn, John Davel, Jerry Latza, Joanne

Latza, Mike Boyce, and David Eisele

Approval of Minutes – March 19, 2003

Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the minutes of the Planning Commission meeting on March 19, 2003 as submitted. Motion carried unanimously.

1. Rezoning – DOT/Joseph Nemecek, West American Drive East of Cold Spring

Director Dearborn outlined the request for rezoning from R-1 (Rural Residential) and B-2 (Community Business District) to R-3 (Two Family Residential). The Future Land Use Map indicated the area to be single family or mixed residential. Chairperson Bellmer stated a concern of how buildings would fit in the lots if Delta Drive was shifted as proposed. Commissioner Jochman asked for clarification as to what zones were in the surrounding area. Director Dearborn described the surrounding area’s zones. Commissioner Lewis asked if the Department of Transportation would be directly involved in the development. Director Dearborn said, No, the DOT was selling land to developers. Commissioner Lewis stated that there had been many attempts in the past regarding this land and its rezoning. Joseph Nemecek, the buyer and developer of the land, presented drawings and plans of the proposed development. Chairperson Bellmer questioned whether drawings were necessary at this point as the agenda item currently before the commission was for rezoning. Town Resident William Smith stated that the map shown on the agenda does not give a provision for a road to the west behind Highland Park Drive. William Smith stated that one house was not a sufficient buffer between the existing residences on Highland Park Drive and any duplexes that may be built nearby, nor are two lots a sufficient buffer in his view. He stated that single family homes were preferred by the residents of the existing Highland Park Dr. area. Commissioner Jochman asked for clarification of the staff recommendation. Director Dearborn stated that the options were to either deny the rezoning, or reduce the area to be rezoned and rezone a portion to R-2. Town Resident Richard Halbrook asked about the status of the conditional use permit for the CBRF that was approved in the same area. Director Dearborn stated that if nothing was done after six months to one year, the conditional use permit would be void. Joseph Nemecek stated that he would be unable to sell any lots as single family if they were located underneath the existing power lines. Chairperson Bellmer clarified that the matter did not rule out single family homes, but that it was not economically viable in the view of the developer. Chairperson Bellmer proposed a condition to the rezoning requiring two R-2 single family lots adjacent to the existing lots on Highland Park Rd. Town Resident Mike Boyce asked about a turnaround presently in the area to be rezoned. Director Dearborn stated that if the rezoning was approved, the developer would remove the turn-around, and the temporary cul-de-sac would be gone.

The condition set forth by staff and the Commission is as follows:

1. There shall be two lots to be rezoned as R-2 for single family on the north and south areas adjacent to the existing lots on Highland Park Rd.

Motion by Chairperson Bellmer, seconded by Commissioner Lewis, to approve the rezoning with the specified condition. Motion carried unanimously.

2. Certified Survey Map (CSM) – David Schwartzbauer

Director Dearborn outlined a brief history of the plat involved in the CSM. The area had originally been intended for a new subdivision, and the plat had been previously approved as such. However, the proposed subdivision is no longer proceeding. Therefore, the new CSM will create two lots from this property.

The conditions recommended by staff for the CSM were as follows:

1. The western property lines of the two lots created by this CSM be adjusted to reflect the street dedication along Irish Road.

2. The environmental corridor easement shall be further defined to indicate that vegetation located within this easement shall be preserved in its native state except for the removal or eradication of non-native species and noxious weeds.

Motion by Commissioner Jochman, seconded by Commissioner Pelton, to approve the CSM w/cond. as submitted. Motion carried unanimously.

3. Certified Survey Map (CSM) – Nick Pflum

Director Dearborn stated the proposed CSM would combine two parcels into one new parcel. It would consist of all of Lot 7 and half of Lot 6. Chairperson Bellmer asked about the status of the other half of Lot 6 which is not involved in this CSM. Director Dearborn stated that the second half of Lot 6 was already split out, thus creating two parcels from Lot 6.

The condition recommended by staff for the CSM was as follows:

1. The CSM shall include parcel numbers to allow for verification of the payment of current taxes and to determine if there are any outstanding assessments.

Motion by Chairperson Bellmer, seconded by Commissioner Jochman, to approve the Certified Survey Map w/cond. as submitted. Motion carried unanimously.

4. Preliminary and Final Plat for Alaskan Acres – Irish Road north of East Shady Lane

Director Dearborn explained that the preliminary and final plat would create a subdivision with 22 single-family lots that would average 15,000 sq. ft. The original preliminary plat had been approved in July 2001, however this had now expired. The owner is ready to proceed, therefore he is submitting a preliminary plat as well as a final plat. Commissioner Van Dyke asked if there was any open park area required in the original plan. Director Dearborn stated no, it was not necessary, as nothing in the plat lends itself to such. Randy Fischer, representing Jim Fischer Inc., stated that Jim Fischer Inc. owns the land to the east of the subdivision, which contains a sand pit where the company dumps much of its broken concrete. This would entail dump trucks passing through the subdivision on its streets. Randy Fischer stated that the pit would take several years to fill, and during this time trucks would be using the subdivision’s streets to deliver their loads. Randy Fischer stated that Jim Fischer Inc. wanted the Town and the owner and developer of the subdivision to be aware of this information. Commissioner Pelton asked whether the roads in the subdivision would be able to handle the trucks. Director Dearborn said Yes, they were normal standard town roads. Commissioner Ratchman asked how the owner would be informed of the truck situation. Commissioner Pelton stated that the developer would inform the owner. Director Dearborn added that since it was discussed at the Planning Commission meeting it was also now in the public record. Commissioner Pelton stated that residents of the subdivision might have concerns about safety for children with the trucks driving through. Randy Fischer stated the company’s drivers would be informed of the situation. Director Dearborn stated he would talk to an attorney regarding a notation on the plat in regards to the truck situation.

The conditions recommended by staff were as follows:

1. The parcel hooks up to water and sewer.

2. A temporary cul-de-sac be placed at the eastern end of Wasilla Lane for emergency turnaround purposes.

3. The developer shall prepare a development agreement as specified by the Town and said agreement shall be approved by the Town prior to the recording of a final plat.

4. Winnebago County has separate review authority of plats and the developer shall be aware of and comply with all requirements of the County to obtain approval from the County.

5. Approval of all agencies and all other governmental entities with authority to object to a plat.

Motion by Commissioner Jochman, seconded by Commissioner Lewis, to approve the Preilminary and Final Plat, w/rev. and w/cond. as submitted. Motion carried unanimously.

5. Preliminary Plat for Meadow Heights – West American Drive and Clayton Road

Director Dearborn described the Preliminary Plat, which would create 115 lots with an average size of 10,300 sq. ft, with 26 lots that would allow construction of duplexes. A map detailing the intersections of American Drive, Smoke Tree Road, Gateway Meadows Lane, and Hillington Drive was also submitted. Director Dearborn described a particular concern of the plat, namely the access conditions of Lots 20, 21, 22, and 23. Chairperson Bellmer briefly stated a previous issue with American Drive, and how the favored option was to have American Drive run parallel to Highway 10. Director Dearborn stated that the currently proposed American Drive was part of a compromise with the Town of Clayton. Dave Eisele, representing Martenson & Eisele, stated that American Drive would conform to the Town’s ordinances regarding streets. Richard DeKleyn, the developer, described the compromise with the Town of Clayton. Richard DeKleyn also addressed the access conditions of Lots 20, 21, 22, and 23. The suggestion was to have one driveway on each of the lots, to service both halves of the duplexes there, with center garages. Commissioner Van Dyke asked about the access of Lots 22 and 23. Richard DeKleyn stated that Lot 22 was accessed by Clayton Avenue, and Lot 23 could be accessed by either Clayton Avenue or American Drive. Dave Eisele stated the suggestion by Martenson & Eisele of a driveway on the eastern end of Lot 23 to address concerns of congestion at the intersection of American Drive and Clayton Avenue. Commissioner Van Dyke asked if the issue was five potential driveways. Director Dearborn said Yes. Richard DeKleyn stated the intent to sell each of the lots in the subdivision as individual lots. Commissioner Van Dyke pointed out that Lot 39 as marked on the Preliminary Plat should actually be Lot 29. Commissioner Jochman recommended that in regards to Lots 20, 21, 22, and 23, there be a maximum of two driveways allowed on Clayton Avenue, and a maximum of three driveways allowed on American Drive. Richard DeKleyn asked about the conditions put forth by Winnebago County. Director Dearborn stated that the key condition appeared to be the intersections with American Drive, and that the new detail map addressed that concern clearly. Commissioner Van Dyke asked for a clarification of “toddler lot” as mentioned in the Agenda Item Memo. Director Dearborn stated that this concerned the small open area between Lot 19 and Lot 20, and it would be an area for children to play in. Chairperson Bellmer noted how the County’s Recommendation #12 would cause a recalculation of lot sizes due to setback requirements. Commissioner Jochman addressed County Recommendation #8, stating that the Town has its own Police Department which can deal with issues of public safety. Richard DeKleyn asked about County Recommendation #12 and the 34’ dedication. Director Dearborn suggested the 34’ dedication might be designated open area.

The revisions and conditions recommended by staff and the Commission were as follows:

1. A 10 foot wide pedestrian trail shall be constructed on the north side of West American Drive.

2. Lots 1-3, 19, 24-28, 54-68 and 109-115 shall be restricted from any vehicular access to West American Drive and shall be identified on the final plat.

3. Lots 28-30 shall be restricted from any vehicular access to Clayton Road.

4. Lots 20-23 shall be restricted to a maximum of five driveways total, with a maximum of two driveways with access to Clayton Avenue, and a maximum of three driveways with access to West American Drive.

5. The developer shall prepare a development agreement as specified by the Town and said agreement shall be approved by the Town prior to the recording of a final plat.

6. Winnebago County has separate review authority of plats and the developer shall be aware of and comply with all requirements of the County to obtain approval from the County.

7. Approval of all agencies and all other governmental entities with authority to object to a plat.

Motion by Commissioner Jochman, seconded by Commissioner Pelton, to approve the Preliminary Plat, w/rev. and w/cond. as submitted. Motion carried unanimously.

OLD ITEMS OF BUSINESS

Director Dearborn stated he had contacted U.S. Oil, the owners of the Express Convenience Car Wash on West American Drive in regards to the concern of residents hearing excess noise when the north door was open. The owners had communicated to Director Dearborn that they would look into the issue, and look at noise barrier options.

OTHER BUSINESS

Director Dearborn detailed the Comprehensive Plan Adoption Dates, which were as follows:

Tuesday May 6, 2003 at 7pm at Spring Road School

Wednesday May 14, 2003 at 5pm – Town Planning Commission Adoption and hearing at the Town of Menasha Municipal Complex

Monday June 23, 2003 at 6pm – Town Board Adoption and Hearing at the Town of Menasha Municipal Complex

Director Dearborn described how new statutes require adoption of the Plan by ordinance, and that notices will be sent out. Commissioner Jochman asked about the gap between May 14 and June 23. Director Dearborn said that the State of Wisconsin requires a 30 day timeframe for adoption.

Director Dearborn described and displayed a proposal from Orde Advertising regarding information signs for the Town. These would be off-premises signs, which would charge businesses, etc. for the use on either a monthly or yearly basis. The signs would be owned by the Town. Chairperson Bellmer stated a concern that the signs may be too large to be practical at certain locations.

Director Dearborn displayed a detailed site plan for the proposed Gateway Square strip center. Chairperson Bellmer asked if the intent was to go ahead with the strip even without an anchor store. Director Dearborn stated Yes, that was the intent.

ADJOURNMENT:

Motion by Commissioner Pelton, seconded by Chairperson Bellmer, to adjourn the meeting at 6:24 p.m. Motion carried unanimously.

Respectfully submitted,

Kevin Schultz

Recording Secretary