Minutes: Evansville Planning Commission: March 2006

Plan Commission
Regular Meeting
Tuesday, March 6, 2006, 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 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald. Hammann, Cheryl Dickert, Gil Skinner, Dave Sauer, and Jeff Vrstal. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Jim Beilke, Clerk/Treasurer. Ald. Cothard and Sornson were present in the audience.

Approval of Agenda.
The consensus was to move agenda item 7(D), Preliminary Land Division Application, after agenda item 5, Citizen Appearances. The amended agenda was approved.

Approval of Minutes.
Motion by Hammann, seconded by Sauer, to waive the reading of the February 6, 2006 Minutes and approve them as printed. Motion carried.

Citizen Appearances Other Than Those Agenda Items Listed. None.

New Business
Ald. Hammann introduced the preliminary land division application to divide the subject property off of Water Street – Tom and Tracy Gibbs (Application #2006-7). Tracy Gibbs asked Commission to table this item.

Motion by Hammann, seconded by Sauer, to recommend to the Common Council the approval of the division of the subject property into the lots as shown on the preliminary CSM, based on a finding that the land division is environmentally sound and there are adequate public facilities available to meet the needs of the land division, provided the conditions listed in the staff report (and other conditions as may be imposed by the Commission) are met prior to recording the final CSM with Rock County.

Motion by Hammann, seconded by Sauer, to table the application until additional information is provided to show the land division is environmentally sound. Motion passed.

Unfinished Business.
Mr. Schwecke led the discussion regarding amendments to the City’s floodplain regulations so as to be consistent with state and federal requirements. Ald. Hammann and Aikman agreed to be sponsors. Ald. Hammann discussed the possibility of prohibiting manufactured homes in the floodplain area (listed on page 7 and 28 of the draft ordinance). Mr. Schwecke said state law prohibits the city from banning manufactured homes from parts or the entire city, but the city can establish design standards for all houses, including manufactured homes, that would force manufactured homes within the city to be more consistent with houses. Ald. Hammann discussed the possibility of prohibiting private sewer systems in the floodplain area (listed on page 9 of the proposed ordinance). Mr. Sauer recommended not prohibiting private sewer system but making them comply with the building codes.

Mr. Schwecke led the discussion regarding the repeal of a state requirement that county shoreland zoning applies to lands annexed in a city or village. If the governor signs the bill, property owners in the city would not be restricted regarding location of buildings or removal of vegetation near a stream or lake. The city could adopt its own ordinance regarding lot size and building setbacks from a stream or lake, and the city’s ordinance could be less restrictive than Rock County’s ordinance, which is more restrictive than state law. Mr. Schwecke recommended that the city review its ordinance regarding shoreland zoning.

New Business.
John Morning presented the preliminary land division application for a two-lot division on Brown School Road (Application #2006-4). Mr. Morning does not want this project to be responsible for the drive-by lane on HWY 14 as recommended in the staff report (item 7), because he has no control of the subject land.

Mr. Schwecke recommended several conditions for approval as listed in his report: (1) Comply with all provisions of chapter 110 of the Municipal Code and state law; (2) Place the following notation on the face of the final CSM, “Depending on the zoning district classification(s) of adjoining parcels, it is possible that a bufferyard may be required along one or more of the property boundary lines to comply with city zoning standards. Where required, the bufferyard shall be installed when the parcel is develop;” (3) Submit a copy of the easement to the city for review and approval that will be filed with Rock County for the shared access between lots 2 and 3 and an easement between lots 1 and 2. At a minimum, the easements shall address long term maintenance of any roadway built within the easement and the rights and responsibilities of each party; (4) Depict intra-block drainages, if any, on the final CSM with arrows indicating the direction of flow along with the following notation, “Arrows indicate direction of drainage swale construction during grading and such swales shall be maintained by the lot owner, unless modified with approval of the city engineer;” (5) Obtain written authorization of the proposed subdivision from the public works department and the water and light department; (6) All on-site electrical, telephone, and cable service shall be placed underground; (7) The following notation shall be placed on the face of the final CSM, “If a commercial building is constructed on Lot 2 or Lot 3, it shall only be occupied when the City Council determines that necessary intersection improvements at J. Lindemann Drive and US Highway 14 have been completed or will be completed within nine (9) months of such occupancy.” Mr. Schwecke recommended item 7 to deal with problems associated with increased traffic in this area. Mr. Schwecke recommended item 3, so that maintenance of the road is clearly the property owners.

The Plan Commission discussed how to move this project forward and maintain public safety at the intersection at J. Lindemann Drive and US Highway 14. This project will bring in new businesses to this area and increase traffic at this intersection. Currently, the intersection is dangerous and needs a drive-by lane, or four-way intersection that includes a drive-by lane, to improve public safety. The land needed for the drive-by lane is in the Town of Union and is owned by D&D Development. Mr. Morning tried to purchase the land for the drive-by lane from D&D Development and was turned down. D&D Development has filed an application to annex the land into the city. Mr. Morning does not want his project tied to the drive-by lane because he does not have the ability to acquire the land. The city does though condemnation. Roger Berg, 75 Exchange St., recommended that the city start condemnation after 60 days if the land is not annexed. The Plan Commission discussed whether there could be circumstances that might delay annexation of the property and how approving this project would exacerbate the dangerous intersection situation.

Ald. Hammann noted that payment of the deferred assessment, if any, for Lift Station No. 5 should be added to the motion.

Mayor Ringhand opened the public hearing at 7:01 PM. Ald. Sornson favors moving the project along and starting condemnation after 90 days if the land for the drive-by lane is not annexed. Ald. Cothard reported the developer would miss this construction season if the project does not start soon. He favors approving the preliminary land division application and securing the land for the drive-by lane at a later date. Scott Rogers, 13349 W. Northfield Crossing, stated the Town of Union told him the land that is the subject of the land division is “unbuildable” due to the proximity to the gravel pit. He expressed concerns about what type of businesses where going in the new mall and how businesses would affect his neighborhood. Mayor Ringhand closed the public hearing at 7:05 PM.

Mayor Ringhand reported the land that is the subject to the land division has been zoned commercial for many years. She favors tabling the matter for 30 days to see how far D&D Development progresses with its annexation during those 30 days. The consensus was to move the project along and bring a final answer to the issue of acquiring the additional right of way for the drive-by lane within 30 days.

Motion by Hammann, seconded by Sauer, to recommend to the Common Council the approval of the division of the subject property into the lots as shown on the preliminary CSM, based on a finding that the land division is environmentally sound and there are adequate public facilities available to meet the needs of the land division, provided the conditions listed in the staff report and the following additional conditions are met prior to recording the final CSM with Rock County: (1) within the next 30 days, the City Administrator must negotiate with D&D Development a written purchase agreement for the additional right of way for drive-by lane, and if that fails the city should move forward with condemnation of the additional right of way and (2) the applicant must pay for the deferred assessment, if any, for Lift Station No. 5. Motion passed 6-1 on a roll call vote, with Mr. Vrstal voting against.

Mr. Morning presented the conditional use application for a group development on a single parcel on Brown School Road (Application #2006-5). Two multi-tenant commercial buildings are proposed.

Mr. Skinner raised the issue that many types of businesses could occupy these proposed buildings. Some business, such as a restaurant, would have to apply for an additional conditional use permit according to the Municipal Code.

Mayor Ringhand opened the public hearing at 7:42 PM. Mr. Rogers expressed concerns about how a restaurant would adversely affect the neighborhood. Mayor Ringhand reported that any restaurant would be required to apply for a conditional use permit from the Commission, and any concerns could be addressed then. Mayor Ringhand closed the public hearing at 7:44 PM.

Motion by Hammann, seconded by Sauer, and to act on the application (not defer to a later date). Motion passed unanimously on a roll call vote.

Motion by Hammann, seconded by Sauer, to approve the application based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh any and all potential adverse impacts, if any. Motion passed.

Mr. Morning presented the site plan application to construct two multi-tenant commercial buildings (strip mall) on Brown School Road (Application #2006-6). This project will bring in new businesses, create jobs, and increase tax base. Mr. Morning reported that the project will be phased, and this site plan application is for both buildings.

Mr. Schwecke recommended applicant (1) obtain approval from the city engineer for stormwater and drainage and (2) add a four-foot wide band of masonry on the back of the building at the southeast corner so as to wrap the corner in masonry.

Mr. Morning said the rear elevation drawing in the packet contains an error—it was not supposed to show any masonry on the rear of the building, because the rear of the buildings is not visible and masonry adds cost. Additionally, he wants the sidewalk under the canopy of the building. The site plan shows the landscaping under the canopy and the sidewalk next to landscaping beyond the canopy. The consensus was to move the sidewalk under the canopy and move the landscaping from under the canopy to a raised landscaping bed along the drive-thru lane. Commissioners noted that a light plan and sign permit needed approval for this site plan. Commissioners raised the issue of requiring sidewalks by the street, so that customers could walk to the businesses in the strip mall. Mr. Morning reported there are no sidewalks on the properties to the west of the subject property on the same side of Brown School Road. Thus, any sidewalk on the subject property would dead end. Currently, the city is negotiating with the other property owners in this area to put in sidewalks. The consensus was the applicant must agree to build sidewalk connections on subject property when the adjacent property owners put in their sidewalks.

Motion by Hammann, seconded by Sauer, to approve the site plan application (including both buildings) with the following conditions: (1) No masonry on the rear sides of the buildings except a 4-foot-wide vertical band of masonry on the southeast corner of the first (southwest) building; (2) Obtain approval from the city engineer for stormwater and drainage; (3) Submit a lighting plan to the city engineer for approval; (4) Submit a sign permit application for approval; (5) Move landscaping away from the fronts of the buildings to a raised landscaping bed along the drive-thru lane; and (6) Applicant must construct sidewalk along Brown School Road when sidewalk is constructed on properties to the west on the same side of Brown School Road. Motion carried.

Roger Berg presented the zoning code map amendment for 351 Union Street (Application #2006-10). This amendment to change the zoning to Community Business District (B-3) is consistent with the recent Future Land Use Map amendment. Mr. Berg reported the current plan is to leave the residential house alone and use the backyard for a commercial use—expansion of the parking lot for Symdon Chevrolet.

Mayor Ringhand opened the public hearing at 8:34 PM. Ald. Sornson expressed support of local businesses and favors passing the motion. Mayor Ringhand closed the public hearing at 8:35 PM.

Motion Hammann, seconded by Skinner, to recommend to Council the adoption of Ordinance #2006-4 as drafted based on the findings contained in the staff report and on the conclusion that the public benefits of the proposed zoning classification outweigh any and all potential adverse impacts, if any. Motion passed.

Mr. Schwecke presented the subdivision code text amendment to revise the requirements for setting the fee in lieu of parkland dedication. He reported that the Commission wanted to adjust the way we set park dedication fees by averaging the percent change of the last three years, which is presented in the proposed ordinance. He prepared the ordinance amending the Municipal Code relative to parkland dedications and resolution establishing fees in lieu of making park and recreation land dedication. Mr. Connors reported we could incorporate cost of land and equipment to build a park and divide the cost by among the lots in new subdivisions.

Mayor Ringhand opened the public hearing at 8:41 PM. No one appeared. Mayor Ringhand closed the public hearing at 8:42 PM.

Motion by Hammann, seconded Sauer, to recommend to Council the approval of Ordinance #2006-5, amending the Municipal Code relative to Parkland Dedications, as drafted. Motion passed.

Ald. Hammann led a discussion regarding a resolution of the Evansville Common Council setting a new fee in lieu of park dedication for April 1, 2006 through March 31, 2007. He wants a new formula for park dedication by January 1, 2007.

Motion by Hammann, seconded by Sauer, to recommend to Council the approval of Resolution #2006-2, establishing fees in lieu of making park and recreation land dedication, as drafted, with the an amendment that a new formula for park dedications be in place by January 1, 2007. Motion passed.

Mr. Schwecke led a discussion regarding 2005 Wisconsin Act 112, which revises state statutes relating to local ordinances governing the reconstruction of a damaged structure. State law was changed last week relative to how local zoning regulations treat nonconforming structure if they are damaged or destroyed. The Plan Commission recently adopted an ordinance allowing nonconforming structures to be reconstructed. There are minor differences between the text in the recently amended Municipal Code regarding reconstruction of nonconforming structures and the new state law. The new state law did not deal with reestablishing nonconforming uses in damaged or destroyed structures, which was an additional subject matter addressed in the recent ordinance. Mr. Schwecke recommended that the city adopt an ordinance making the Municipal Code consistent with the new state law. Ald. Hammann and Sornson agreed to sponsor the ordinance.

Mr. Schwecke led a discussion regarding landscaping and bufferyard requirements. He reported the landscaping and bufferyard provisions of the Municipal Code lack flexibility, and it was problematic applying them. He recommends incorporating more flexibility in the code by establishing when and how the city can deviate from the standards, so that the code would provide both certainty and flexibility. The Commission instructed staff to revise the landscaping code.

Preliminary Development Presentations. None

Report of the Evansville Redevelopment Authority.

Report of the Evansville Historic Preservation Commission.

Report of the Evansville Large-Scale Commercial Development Study Committee.
Mayor Ringhand reported the Committee has a rough draft ordinance, regulating large-scale development, and will hold a public hearing on April 20, 2006.

City Planner’s Report.
Mr. Schwecke reported some of the architectural design standards might be integrated into the work of the big-box study committee. The issue regarding Tom Nonn was turned over to the city attorney.

Adjournment
Motion by Hammann, seconded Skinner, to adjourn, carried. The meeting adjourned at 9:05 PM.

Prepared by:
James A. Beilke
City Clerk/Treasurer

The Minutes are not official until approved by Plan Commission at the next regular meeting.