Minutes: Evansville Plan: May 2, 2005

Evansville Plan Commission
Regular Meeting
Monday, May 2, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

The meeting was called to order by Mayor Ringhand at 6:02 p.m. Present were: Mayor Ringhand, Ald. Aikman, Ald Hammann, Mr. Sauer, Mr. Vrstal, and Ms. Dickert. Mr. Skinner arrived at 6:03 p.m. Staff present: Tim Schwecke, City Planner and Sandra Hart, City Clerk/Treasurer. Bill Connors, City Administrator, arrived at 6:03 p.m. Also present in the audience were Ald. Cothard and Ald. Sornson.

The Agenda was approved as printed.

Motion by Hammann, seconded by Sauer, to waive the reading of the April 2, 2005 Minutes and approve them as printed. Motion carried.

Citizen appearances other than agenda items listed. None.

Unfinished Business.
Motion by Hammann, seconded by Vrstal, to remove from the table a motion to recommend to the Common Council the adoption of Ordinance #2004-19 that would rezone land within Capstone Ridge Subdivision. Motion to remove from the table carried. Motion by Hammann, seconded by Vrstal, to amend the Ordinance to delete Lot 69 from line 35 and insert Lot 69 in line 30. Motion carried. The original motion, as amended, carried.

Motion by Hammann, seconded by Vrstal, to recommend to Common Council approval of Final Land Divider’s Agreement for Capstone Ridge Subdivision. The Plan Commission instructed Mr. Connors to revise the provisions about the stormwater overflow pipe to say it must be completed no later than October 2007 unless 2/3 of the lots in phases 1 and 2 are not built out with homes.

Ald. Hammann discussed controlling the planned rate of growth as Smart Growth recommends. We are not the only community attempting to control growth. His question was does the City manage the growth or let the housing market manage the growth. He proposes to manage the City’s growth by working with the key developers with a combination of phasing and limiting the number of lots available for sale within a base. Some of this work has been done already. He would like to have the developers of Westfield Meadows, Capstone Ridge, Grand Orchard View Estates, and others stretch out the development time horizon by 25% through a combination of phases and number of lots for sale as soon as possible. He would like the growth rate for the next ten years to be the same as during the 1990s.

Plan Commission
Page 2
May 2, 2005

Mr. Vrstal said the time of this request is poor. All the developments have been planned and approved by the City and it is too late to ask them to change now. Ald. Hammann said this is only a suggestion on his part and it is not mandatory. The motion to recommend to Council approval of the final land divider’s agreement carried.

Motion by Hammann, seconded by Sauer, to recommend to Common Council approval of the final plat for Capstone Ridge Subdivision. The Committee discussed eliminating the bike path between lots 27 and 28 as it ends in the Town of Union. Currently the Town has no plans to extend the bike path from where it ends at the city limits into the township. Originally, this outlot was set aside as a future road. The final plat does not contain a road that would connect with this outlot. Mr. Schneider, Town Chair, said the Town can vacate the outlot and the property owners on both sides of the outlot receive one-half of the property. Ald. Aikman suggested this was a town issue as to extending the bike path or vacating the outlet. Mr. Connors said the City could deny approval of vacating the outlot for the future road, a term which includes a bicycle path, under the City’s power to approve or not approve extraterritorial plats.

Motion by Hammann, seconded by Vrstal, to amend the final plat to keep the bike path between lots 27 and 28 in the plat as a grassy area and not pave it. Amendment approved. The original motion, as amended, carried.

Mr. Sauer discussed the lighting plan for Citgo QuickMart and Subway Restaurant at the northeast corner of Union Street and East Main Street. He said the lighting plan submitted was acceptable. One of the items of concern when originally discussed was the hours of operation and how that affects the canopy lights. Those lights will be on during the hours of operation from 5 am to 11 pm. After the hours of operation, the lighting goes down to 3 or 4 canopy lights. The Commissioners agreed with the hours of operation and lighting.

The agenda included an update on potential sign code amendments to clarify status of nonconforming signs with a change in use. Mr. Connors said he had nothing to report on at this time, as he was waiting to hear from the City Attorney. Mr. Vrstal asked what the City’s position was while waiting to hear from the City Attorney. Mr. Connors said the City’s position is that a sign loses its legal, non-conforming status when the business terminates, not six months later.

New Business.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-8 that would rezone the land within Westfield Meadows Subdivision.

Mayor Ringhand opened the public hearing at 8:08 p.m.
Plan Commission
Page 3
May 2, 2005

Ron Combs, surveyor for the developer, said the only change to the map was the reconfiguration of the retention pond. He reviewed the different zonings in the subdivision. Mark Painter, engineer from Fahr, Graham Associates, provided detailed information regarding the stormwater retention plan for this subdivision including a large detention pond north of the subdivision, and how it will assist in the stormwater drainage of the existing homes in this area.

Matt Gaboda, 552 South 6th Street, asked if there were any grading shots done to the subdivision to the east to know where the stormwater is flowing versus where it is suppose to flow in anticipation of where it will go in the detention pond. Mr. Painter answered that the entire site was shot as far as north of Porter Road and there are existing shots along Sixth Street and Emmanual Court and the stormwater is draining down to the proposed basin. They have also completed a field survey.

Hans Voit, 618 Emmanuel Court, said if the plans call for raised lots on Prairie View Drive and fill it in, he will have worse flooding than he already has. The rain comes within a foot of the windows in his basement. His yard slopes down and any water coming down the ditch will actually push more water onto his lot. Mr. Combs said the water will be stopped to the north and water will not get to his lot and this proposal should improve his situation.

Nancy Brooks, 563 South 6th Street, asked if the current ditch along the west side has the capacity to drain the box culvert. Mr. Painter said he did not have information to answer to this specific question.

Kevin Breibe, 595 South 6th Street, inquired how widening the creek will affect the flooding over of a narrow strip of farmland and flooding his land. Mr. Combs said the flow rate has been reduced for the entire project. No water from this project can get into the pond Mr. Breibe is talking about.

Roger Berg, Ron Road, said they have been working on this project for over a year and a lot of studies have been done. There are not simple solutions to drainage problems. His goal was to make the situation better, not only for this project, but for a larger area. Hundreds of acres were studied to gather knowledge on how handle the stormwater.

Mark Schnepper, 547 South 6th Street, asked if the project would wait until it is approved by the DNR. Mr. Berg said they have met with the DNR and included them in the loop since the start. In order to keep the builders in line with the developers who sign the land dividers agreement, there will be restrictions on basements in certain areas. It will be part of the covenants and recorded with the plat. Mr. Sauer said the City will put on each one of the lots a minimum opening for a basement window and list out those lots that should and should not have basements because of groundwater.
Plan Commission
Page 4
May 2, 2005

Matt Gaboda, 552 South 6th Street, opposes the rezoning. This land should remain zoned agriculture. The City is growing too fast and this subdivision is not needed at this time. He asked that it be tabled until there is a need. The extra time would also give time to see how the stormwater diversion is working. He also would like an independent, unaffiliated party that would enforce the standards set up. It is up to the Plan Commission and Council to make sure the violations do not happen. Covenants are only as good as they are enforced.

Nancy Brooks. 563 South 6th Street, asked about what happens to the stormwater after it goes under the bridge at Croft Road where it has not been widened. Mr. Sauer said the area after Croft Road has more slope and can handle more water. Mrs. Brooks asked that the water remedies occur before any development begins. It has taken a year to regrade the swale behind her house.

Scott Eftomoff, 345 Evans Drive, said he would like to see the grading down first and to put the development on hold. This seems like this is a done deal to proceed. He would like to address the lot size and house minimum size. He questioned building additional smaller homes. Mr. Berg said this was a balance formulated through Smart Growth to provide an equal opportunity for all people. This will become a lifelong neighborhood containing starter homes, upgraded housing, rentals, condominiums, and senior housing. There is a neighborhood friendly commercial zoning in this area for the west end of the City. There are two roundabouts to slow down the traffic.

Kris Chilson, 16126 W. Croft Road, asked if the drainage ditch widening is completed. Mr. Sauer said it is not completed yet and the existing piles of dirt currently there will be spread out later this year.

Bob McCallister, 228 W. Main Street, appreciated everything the City went through with Smart Growth and believes the City is currently in a “ying” and “yang” stage right now. He moved here because of the small town atmosphere and the historic district. He read from page 160 of the Smart Growth plan discussing an atmosphere that people value and consideration of young families. It seems that the Westfield Meadows doesn’t appear to go along with a lot of things in the Smart Growth ideas. While it is not urban sprawl, it is sprawl. The downtown and historic district are the heart and soul of the City. He worries that the downtown artery will be getting clogged with the traffic from the western growth area. He asks that Plan Commission do manage growth by limiting the number of lots for the benefit of the majority and consider making Westfield Meadows a lower priority. He requested that the City not approve sidewalks on both sides of the street. He applauds the new urbanism design and traditional neighborhood design methods discussed in Smart Growth. He hopes that alternative routes for traffic will be created to not clog up West Main Street.

Plan Commission
Page 5
May 2, 2005

Matt Gaboda said a study needs to be done regarding how this subdivision will affect the schools, infrastructure, taxes, police and EMS. The citizens that come to these meetings have the cards in their hands and the Plan Commission and Council need to listen to what they are saying. This is what elected leadership and democracy is about.

The public hearing closed at 9:02 p.m.

The Commissioners discussed the issue at length particularly as it pertained to drainage.

Motion by Hammann, seconded by Skinner, to amend the motion to rezone the greenways from A-1 to C-1, as this was omitted in the ordinance. Amendment passed. The original motion was approved as amended.

The Mayor recessed the meeting for 5 minutes.

Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-9 that would revise front yard setbacks.

The public hearing opened at 9:25 p.m. No one spoke to the issue. The public hearing closed at 9:26 p.m. Motion carried.

Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #20051-10 regarding the provision of sidewalks.

Mayor Ringhand opened the public hearing at 9:33 p.m.

Roger Berg asked what other communities are doing regarding this issue. Mr. Sauer said sidewalks are in a state of flux. In most communities, it is required on both side of the downtown and urban areas, but only on one side in suburban areas.

Tom Cothard said this would be an additional expense to the builders and home buyers.

John Sornson would like to see sidewalks on both sides of the street throughout the city. This is a walking community.

Ald. Hammann asked what were the results on this question in the Smart Growth survey. Mr. Connors replied 50 – 50.

The public hearing closed at 9:26 p.m.

Motion by Vrstal, seconded by Skinner, to amend the motion to have SECTION 1, (g), 3. read: “Poured concrete over a six-inch granular base.” Amendment carried.
Plan Commission
Page 6
May 2, 2005

Ald. Hammann requested a roll call vote. The motion failed on the following vote: yes: Dickert, Aikman, Skinner; no: Hammann, Sauer, Vrstal, and Ringhand.

Mr. Schwecke said he received a phone call from a business requesting outdoor seating for a restaurant in B-2 zoning. Currently, there is not a provision for outdoor seating in B-2 or any other commercial district. He recommends that the Municipal Code be amended to allow outdoor seating in B-2 zoning through a conditional use permit. The Commissioners requested an amendment be drafted and Hammann and Aikman agreed to so-sponsor it. Mr. Skinner asked that it be allowed in all business-zoned districts as a conditional use.

Mr. Connors discussed drafting an ordinance revising the subdivision chapter of the Evansville Municipal Code. This was at Ald. Hammann’s request to get subdivision approval routed before the Public Works Committee. This would provide staff the opportunity to thoroughly review all aspects of the subdivision at committee level and it could also include a time schedule. The Commissioners agreed. Mr. Connors said he had received numerous suggestions from Mr. Schwecke and would present a revised draft next month.

Preliminary Development Presentations. None.

City Planner’s Report.
Mr. Schwecke reported that he had revised the application forms and developed a database to keep track of development applications.

Report of the Evansville Redevelopment Authority. None.

Motion by Hammann, seconded by Sauer, to adjourn the meeting at 10:30 p.m. Motion carried.

Prepared by:
Sandra Hart, City Clerk

The Minutes are not official until approved by Plan Commission.