Minutes; Evansville Planning Commission: February 1, 2005

Evansville Plan Commission
Regular Meeting
Tuesday, February 1, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES


The meeting was called to order by Mayor Ringhand at 6:00 p.m. Present were Mayor Ringhand, Ald. Hammann, and Messrs. Hurley, Sauer, Skinner and Vrstal. Staff present: Bill Connors, City Administrator and Sandra Hart, City Clerk. Also present in the audience were Ald. Cothard and Ald. Sornson.

The Agenda was amended to move item 7. D. before 7.A. and to delete the public hearing from 7.A. Agenda was approved as amended.

Motion by Hammann, seconded by Vrstal, to waive the reading of the January 3, 2005 Minutes as printed. Motion by Hammann, seconded by Hurley, to require the Minutes to reflect how the members vote on roll call votes. Amendment carried. Original motion, as amended, carried.

Citizen appearances other than agenda items listed. None.

Unfinished Business.
Stan Gildner, on behalf of Saviour Development LLC, gave a status report of Capstone Ridge Subdivision. They anticipate starting the final plat approval process this spring. Their engineer will be contacting and working with the City’s Engineer on any outstanding issues. They have been working with different property owners to obtain easements for stormwater drainage. They tentatively propose the subdivision be developed in three phases over the next seven years. Mr. Connors said the City’s position is the size of the phases would allow them to build out infrastructure for around 35 units per year, so if the first phase was for 70 lots and stated in 2005, the second phase could not start until 2007, but if the first phase was 35 lots, the second phase could start in 2006. He said the City will take the same position with the developers of the Westfield Meadows Subdivision. Mr. Sauer said as soon as the production schedule is forwarded to him, he will start working on the project with the developers.

Motion by Hammann, seconded by Skinner, to remove from the table a motion to recommend to Common Council approval of a preliminary subdivision plat for Westfield Meadows. Motion carried.

Motion by Hammann, seconded by Skinner, to recommend to Common Council approval of a preliminary subdivision plat for the Westfield Meadows Subdivision. Motion by Hammann, seconded by Skinner, to amend the motion to include all conditions contained in a Memo dated January 28, 2005, prepared by Bill Connors to Plan Commissioners. The conditions are as follows:

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1. The final plat and construction plans must comply with all provisions of Chapter 110 of the Evansville Municipal Code.
2. Lot 52 for the commercial area must be rezoned to B-1, B-2, or O-1.
3. Lot 1 for townhouses must be rezoned to R-3.
4. Lots 30 and 45 for condominiums and senior housing must be rezoned to R-2 or R-3.
5. Lots 46 – 51 must be rezoned to R-2.
6. Lots 2, 3, 53-72, and 88-100 (35 lots, or 23% of the 152 single-family lots) must be rezoned R-1A (minimum total of 1,300 square feet on first floor and above).
7. Lots 4-7, 15-29, 41-43, 73-75, 84-87, 101-112, and 116-162 (88 lots, or 58% of the single-family lots) must be rezoned R-1B (minimum total of 1,450 square feet on first floor and above).
8. Lots 8-14, 31-40, 44, 76-83, and 113-115 (29 lots, 19% of the single-family lots) must be rezoned R-1C (minimum total of 1,600 square feet on first floor and above).
9. The final plat must state that if an application is made, a conditional use permit will automatically be granted to construct a two-family dwelling on any of the following lots, but the applicant must obtain the Plan Commission’s approval of a site plan for each such two-family dwelling: Lots 53, 69, 73, 90, 126, 130, 138, 146 and 157.
10. Lots on which no basement will be permitted must be marked as such on the final plat.
11. Lots where the minimum elevation of the lowest window opening is critical must be marked on the final plat.
12. The only green space that will count as parkland for purposes of the parkland dedication requirement is a 15-foot-wide strip of land for the bicycle/pedestrian trail.
13. Evansville Development, Inc. will pay the cost of constructing the bicycle/pedestrian trail, except to the extent the ratio of linear feet of trail to housing units (excluding units that are part of the potential senior housing development on Lot 30) in this subdivision exceeds the ratio of linear feet of trail to housing units in the Capstone Ridge Subdivision, in which event the City will pay the cost of constructing the trail in excess of this ratio.
14. The Common Council must approve a final land divider’s agreement for the subdivision.

Motion by Hammann, seconded by Skinner, to amend the amendment include the recommendations from City Engineer, Dave Sauer. They are:
1. That each of the items identified in the 4/28/04 Memo from Dave Sauer to Roger Berg be addressed and approved by the City Engineer in conjunction with construction drawings.

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2. That the lots having no basements be submitted for review and approved by the City Engineer and these lots then be identified on the final plat.
3. That the lots have a minimum floor or lowest allowable opening (door or window) elevation that is approved by the City Engineer and that is placed on the construction drawings. Elevation will be set at 2 feet above 100 year flood elevation.
4. To clean out the ditch to Croft Road before any construction begins.
Motion to amend the amendment carried.

Motion to amend the main motion, as amended, carried.

The main motion, as amended, was approved unanimously on a roll call vote.

New Business.
Motion by Hammann, seconded by Skinner, to approve Extraterritorial Land Division, LD#2004 102, Conifer Hills Second Addition, Town of Union, owned by Charles Rohloff. The Town of Union and Rock County have approved the land division. Motion carried.

Motion by Hammann, seconded by Hurley, to approve a site plan on the southwest intersection of Exchange Street (new alignment) and East Main Street (multiple parcels to be combined into a single parcel under a certified survey map) for First Community Bank of Evansville.

Motion by Hammann, seconded by Sauer, to amend the motion to conditionally approve the site plan contingent upon the sign, lighting and stormwater plans are approved by the City Engineer. Amendment carried.

The original motion, as amended, passed.

Motion by Hammann, seconded by Sauer, to approve a Conditional Use Permit for a duplex at southeast corner of Millard Court and West Main Street (parcel 6-27-293.1123, Lot 123 of the Berg, Woodworth, and Petterson Subdivision) for Jeanette Davis.

Mayor Ringhand confirmed the notices were timely published and appropriate property owners noticed. She inquired if there were any conflicts of interest or if any Commissioner had been contacted by the public. Ald. Hammann said he had received calls from citizens opposing the permit. The agent for the applicant, Thomas Cothard, was asked to describe the proposal. Mr. Cothard said he and the applicant had purchased all the lots on the street to build on and would like to construct a duplex on this lot and

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Lot 142 across the street. There are other duplexes in the area. Duplexes do not deter people from buying single-family residences next door and they do not reduce the value of other properties in the area.

Mayor Ringhand opened the public hearing at 7:25 p.m.

Mason Braunschweig, 540 W. Main Street, opposes the permit. This request is against the covenants of this subdivision and the applicant knew that when the lots were purchased. It is not in the best interest of the City to circumvent the covenants. He presented a petition signed by 30 property owners opposing the permit. A copy of the covenant was presented to the Commissioners for their review.

Mr. Cothard said an architectural committee maintains control of the covenants until the Subdividers no longer owns the property. The Subdividers are made up of the builders in the area and can alter the restrictions placed on these lots.

Brian Barnes, 551 Spencer Drive, said if the applicant purchased from the Subdividers, then the architectural committee does not control and the covenants specifically prohibit duplexes. Future owners of the proposed duplexes may use them as rental property and then no one keeps them up.

John Sornson, 249 Franklin Street, said he looked at the duplexes in the area and he did not see where the value of the property would be diminished because of a duplex.

Kyle Galloway, 75 Millard Court, said he would not have purchased his lot if he knew duplexes would be that close. He read the covenants before he bought his home to make sure duplexes were not allowed. When anyone enters the area, the first thing that would be seen are the duplexes and that would be detrimental and not in the best interest of the neighborhood to do this.

Mason Braunschweig, 590 W. Main Street, said he would be able to obtain a restraining order from the Court based on the covenants if the Commissioners approved this request.

The public hearing closed at 7:45 p.m.

Mr. Vrstal asked for clarification of who is the Architectural Committee and if this were to pass, would there be a legal action against the City. Mr. Connors said it may provoke a lawsuit against the private individuals but not against the City.

Mayor Ringhand said the Commissioners never dealt with this issue before and is uncomfortable with making a decision without further research.

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Motion by Skinner, seconded by Hammann, to table the request until there was clarification from the City’s attorney. Motion failed on a 4 – 2 vote with Mayor Ringhand and Skinner voting yes, and Hurley, Hammann, Sauer, and Vrstal voting no.

The original motion failed on a unanimous roll call vote.

Motion by Hammann, seconded by Sauer, to approve a Conditional Use Permit for a duplex at the southwest corner of Millard Court and West Main Street (parcel 6-27-293.1142; Lot 142 of the Berg, Woodworth, and Petterson Subdivision) for Thomas Cothard.

Mayor Ringhand opened the public hearing at 7:59 p.m.

Barb Jacobson, 55 South 6th Street, said this issue is strictly a business situation and not a personal issue as their homes are their investments.

The public hearing closed at 8:00 p.m.

Mr. Hurley said he appreciates the public coming forward and the preparation and effort they put in preparing for this meeting. If this request were denied, he would still like the City Attorney to render a letter on this for future reference.

The motion failed unanimously.

Motion by Hammann, seconded by Sauer, to recommend to Council adoption of Ordinance #2005-1, Amending Municipal Code Relative to Corner-lot Setbacks in LL-R12, LL-R15, R-1 and R-2 Zoning Districts, Group Development, and Setbacks in B-1 Zoning District.

Mayor Ringhand opened the public hearing at 8:03 p.m.

Mr. Connors summarized the ordinance for the Commissioners. This is a text amendment to the City’s zoning code, specifically sec. 130-418, 130-768, 130-944, 130-964, 130-984, 130-1004, and 130-1023.

The public hearing closed at 8:08 p.m.

Motion by Hammann, seconded by Skinner, to amend Sec. 2,(3)a. to read: “Building to front or street side lot line: 25 five feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet. Building to street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet..” Amendment carried.

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The original motion, as amended, carried.

Motion by Hammann, seconded by Skinner, to recommend to Council adoption of Ordinance #2005-2, Amending Municipal Code Relative to Minimum Roadway Design Standards.

Mayor Ringhand opened the public hearing at 8:22 p.m. No one spoke to the issue. The public hearing closed at 8:23 p.m.

Ald. Hammann said this was discussed at the Public Works Committee meeting. There were questions regarding the minimum radius of 200 feet. Motion by Hammann, seconded by Skinner to table this issue until the City Engineer reviews it and makes a recommendation. Motion carried.

City Planner’s Report. None.

Report of the Smart Growth Planning Committee.
Mr. Connors said the Plan Commission will be meeting on Thursday, February 3, and are nearing the end of the process of reviewing the draft comprehensive plan submitted by the Smart Growth Planning Committee.

Report of the Evansville Redevelopment Authority. None.

Motion by Hammann, seconded by Sauer, to adjourn the meeting at 8:32 p.m. Motion carried.

Prepared by:
Sandra Hart, City Clerk

The Minutes are not official until approved by the Plan Commission.