Minutes; Evansville Planning Commission: December 2006

Plan Commission
Regular Meeting
Monday, December 4, 2006, 6:00 PM
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

Mayor Decker called the meeting to order at 6:00 PM. Present were: Mayor Decker, Ald. Braunschweig, Ald. Hammann, Cheryl Dickert, Dave Sauer, Gil Skinner, and Jeff Vrstal Staff present: Tim Schwecke, City Planner; Jon Lindert, consultant from Strand Associates Engineering; and Jim Beilke, Clerk/Treasurer. Alderperson Cothard was present in the audience.

Approval of Agenda
Motion by Hammann, seconded by Braunschweig, to approve the agenda as printed. Motion carried.

Approval of Minutes
Motion by Hammann, seconded by Braunschweig, to waive the reading of the November 6, 2006, minutes and approve them as printed. Mayor Decker noted on page 4, in the sixth paragraph, the sentence, “The new buildings will be constructed to house the home occupation,” should read as, “No new buildings will be constructed to house the home occupation.” The motion, as amended, carried.

Citizen Appearances Other Than Those Agenda Items Listed - None

Unfinished Business
Mayor Decker gave an update on the traffic impact analysis of Highway 14, County M, and J. Lindemann intersections. She reported that DOT will install roundabouts at the intersections, and their meeting focused on how to work with DOT and the engineers to explore everyone’s concerns.

Mr. Schwecke gave an update on determining break-even point for housing and recommended adopting a requirement that prior to annexation, the petitioner pays for a fiscal impact analysis of the proposed annexation. The Commission wanted to review the Grand Orchard Financial analysis to compare the software from UW-Extension with the analysis from a professional firm. Mr. Schwecke is working with the city finance director developing the requested analysis.

Mr. Schwecke led the discussion relating to the new official zoning map. There are about a dozen affected properties. He will be sending letters to each of the affected property owners explaining what is being proposed and why. He would work with the affected property owners, trying to resolve any issues before the public hearing.

Work is pending regarding the Gibbs land division on Water Street (Application #2006-31).

Joe Bradley from Dairyland Real Estate led the discussion regarding the China Wok site plan for 128 East Main Street, Sophie X Huang applicant (Application 2006-30). They reduced the commercial sites to only three. Additionally, they reviewed the situation regarding the dumpster and are considering two options. They would have to remove the air conditioning unit and entrance to the base so that a lane could be paved from the Main Street to the back property line. One option would be to push the dumpster to Main Street when unloading it. The other option would be to back up the dump truck to the back property line to unload the dumpster.

Mr. Schwecke reported the applicant has submitted a revised site plan to use the existing structure for a multi-tenant commercial building consisting of three spaces. He raised the issue on how the business would handle the grease from their kitchen. Ms. Huang reported they will have a small container by the dumpster, which will be picked up once a week. Mr. Schwecke recommended only three conditions, listed as number 1, 2, and 4 in the staff report.

Motion by Hammann, seconded by Braunschweig, to approve the application with conditions as contained in the revised staff report (and other conditions as may be imposed by the Commission), and to amend the motion, imposing only conditions numbered 1, 2, and 4 in the revised staff report. Motion carried.

Mr. Schwecke led the discussion on the outdoor lighting ordinance. The Commission reviewed the information submitted by other communities. Because of the technical nature of light issues, a citizen committee would not have necessary background to draft a lighting ordinance. The Commission instructed staff to draft an ordinance.

Mr. Schwecke led the discussion relating to a zoning land use matrix - response from TND Committee. Ald. Hammann reported the Traditional Neighbor Development Committee will finish their current business. Then, they will rename their committee and reorganize their goals and objectives to address the issues relative to a comprehensive review of our current zoning code.

New Business
Mr. Sauer removed himself from the discussion and stepped down from the table because he is employed by Foth and Van Dyke Engineering, who are working with North Prairie Productions in the agenda items that follow.

Mike Robinson, President of North Prairie Production, and Bill Dunlop from Foth and Van Dyke Engineering presented the conditional use for North Prairie Productions biodiesel project (Application 2006-37). The facility will produce 45 million gallons of biodiesel per year. The soy oil will be stored in two 1 million-gallon storage tanks. Biodiesel will be stored in two 750,000 gallon storage tanks.

Mr. Schwecke reviewed his staff report and answered questions from the Commission. The Commission noted this project would have an impact on the city’s excess water capacity.

Mayor Decker opened the public hearing at 7:20 PM. Roger Berg, 75 Exchange Street, asked if this biodiesel was a wet industry. The Commission reported the biodiesel is a “gray classification” of a wet industry, and the city’s water capacity could handle this biodiesel facility’s water needs. Ald. Cothard questioned why sidewalks stop at the boundary of this project. The Commission reported the sidewalks stop at the boundary because the city has not decided to put in sidewalks in this recently annexed area yet. Mayor Decker closed the public hearing at 7:27 PM.

The Commission reviewed the Conditional Use Application’s Questions and Answers Report regarding North Prairie Productions biodiesel Plant. When reviewing the report, the Commission discussed the city’s water capacity and how water chillers could be used to reduce their water demand, which would minimize the impact on the city’s capacity.

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

Motion Hammann, seconded by Braunschweig, 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 and all potential adverse impacts, in any. The Commission noted that 1) the use is consistent with the comprehensive plan; 2) the use is consistent with the City’s zoning code, or any other plan, program, or ordinance; 3) the use will not substantially affect nearby property; 4) the use is appropriate; and 5) the use is adequately served by, and will not impose an undue burden on, utilities and public services.

Motion by Hammann, seconded by Braunschweig, to add a condition requiring North Prairie Production to work with the City of Evansville to minimize the impacts on the general water and sanitary water’s facilities. Motion carried.

The original motion, as amended, passed unanimously on a roll call vote.

The Commission reviewed the variance for North Prairie Productions biodiesel project (Application 2006-38).

Mr. Schwecke reported the variance would allow 4 structures to exceed the 35-foot height limitation for the Industrial Two (I-2) zoning district.

Motion by Hammann, seconded by Braunschweig, to approve the application with conditions as contained in the staff report (and other conditions as may be imposed by the Commission). The Commission noted 1) the process and storage equipment used in biodiesel production is unique and does not generally apply to other uses or properties in the zoning district; 2) the height of the boiler stack is governed by state and/or federal requirements; 3) the granting of this variance does not suggest the height limitation should be changed throughout the entire zoning district; 4) the granting of this variance will not create a substantial detriment on surrounding properties in the city of in the Town of Union; 5) the granting of this variance is not contrary to the purposes set forth in the zoning code; and 6) the granting of this variance is not contrary to the public interest. Motion carried.

The Commission recessed at 8:03 PM and reconvened at 8:12 PM.

Mr. Robinson presented the site plan for North Prairie Productions biodiesel project (Application 2006-39).

Mr. Schwecke reviewed the staff report with the Commission. He reported North Prairie Production, LLC has submitted an site plan application to establish a biodiesel production facility off of County Road M on land recently annexed into the city. The facility will be operated 24 hours a day, 7 day a week. Trucks will be entering and leaving the facility at all hours, but primarily during the daylight hours. Trucks will enter on the South side and exit on the North side. He recommended amending the site plan so that the exiting road is converted from two lanes to a one lane road. He explained this would reduce confusion where vehicles could enter the facility.

Mr. Lindert reported he was retained by the City to review stormwater and erosion control for this project. After his review of North Prairie Productions’ first plan, he prepared a letter of his review, which was included in their packets. The developer will need to resubmit the stormwater and erosion control plan addressing the comments in his letter. Additionally, he requested the City provide information and direction on what is required for items noted in his letter and timeline for their completion. Ald. Hammann recommended that Mr. Lindert and Mr. Dunlop attend the next Public Works meeting to work on issues relative to North Prairie Productions.

Motion by Hammann, seconded by Braunschweig, to approve the application with conditions as contained in the staff (and other conditions as may be imposed by the Commission). The Commission discussed how to insure pending stormwater and drainage issues would be resolved.

Motion by Hammann, seconded by Braunschweig, to include a condition that the applicant’s engineer will work with the city’s engineer to resolve the issues raised in the city’s engineer’s letter dated November 30, 2006 to the satisfaction of the city’s engineer. Motion carried.

Motion by Vrstal, seconded by Skinner, to amend the site plan by converting the North-exiting road from two lanes to one lane by narrowing the road. Motion carried.

The original motion, as amended, carried.

Mr. Sauer rejoined the discussion and stepped up to the table.

The Commission reviewed the update on the revised project timeline for TID No. 7, which was a letter from Dave Wagner of Ehlers & Associates dated November 26, 2006. The developers of the proposed soybean crushing facility have indicated that Phase 2 is more likely to be constructed in 2010 or earlier.

Motion by Braunschweig, seconded by Hammann, to recommend to City Council the adoption of Council Resolution #2006-48. The Commission noted the Exhibit A was not in the packet and instructed staff to have Exhibit A available for review before Council approves this resolution. Motion carried.

Mr. Schwecke led the discussion on a draft ordinance relating to adding a vehicle impound yard as a permitted land use in I-1 and I-2 zoning districts and as a conditional use in other specified zoning districts. The Commission instructed staff to add language regarding fences in Section 2.

Mr. Schwecke led the discussion on an ordinance requiring payment of property taxes prior to filing of a final subdivision plat or CSM with Rock County. According to state law, a subdivision plat can only be recorded when all outstanding property taxes have been paid in full. There is no similar provision in state law for certified survey maps (CSM). Rock County and a number of municipalities in the county have adopted an ordinance requiring payment of property taxes for CSMs. Ald. Hammann and Ald. Braunschweig would be sponsors.

Mr. Schwecke led the discussion on allowing parts of buildings in the downtown to extend onto or over public property. Our current code is silent on this issue. Greg Ardisson from the Night Owl wants to expand his building over the public sidewalk. The Commission instructed staff to draft an ordinance.

Mr. Schwecke led the discussion relating to a review of the City’s adopted comprehensive plan (amendments are reviewed annually in May). The Commission instructed staff to review the plan and report back next month.

Preliminary Development Presentations - None

Report of the Evansville Redevelopment Authority - None

Report of the Evansville Historic Preservation Commission – None

Report of the Traditional Neighborhood Development/Residential Design Study Committee - None

City Planner’s Report
Mr. Schwecke reviewed his report on the updates on Common Council actions relating to Plan Commission recommendations.

Adjournment
Motion by Hammann, seconded Braunschweig, to adjourn at 9:13 PM, carried.

Prepared by:
James A. Beilke
City Clerk/Treasurer

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