Planning Commission---January 2007

Plan Commission
Regular Meeting
Tuesday, January 2, 2007, 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: Dan Wietecha, City Administrator; Tim Schwecke, City Planner; and Jim Beilke, Clerk/Treasurer. Ald. Wyse, Juergens, and Cothard were present in the audience.

Approval of Agenda
Motion by Hammann, seconded by Skinner, to approve the agenda and to delete agenda item 7 (A), Development agreement. Motion carried.

Approval of Minutes
Motion by Hammann, seconded by Braunschweig, to waive the reading of the December 4, 2006 minutes and to amend them by (1) deleting the word “UW-Madison” and adding the word “UW-Extension” on page 1, in the second to last paragraph, on line 4 and by (2) adding the word “report”after the word staff on page 4, in the last paragraph, on line 2. Motion carried.

Citizen Appearances Other Than Those Agenda Items Listed
Kendall Schneider, Town of Union Chairperson, asked if the meeting was properly noticed. Mr. Beilke reported the meeting was properly noticed.

Unfinished Business
Mr. Schwecke reported he and the finance director are working on the Development Impact Analysis model to assess Grand Orchard Estates.

Mr. Schwecke led the discussion relating to the new official zoning map. He distributed a draft letter (attachment) that will be mailed to affected property owners.

Motion by Hammann, seconded by Braunschweig, to approve the draft letter. Motion carried.

Work is pending on Gibbs land division on Water Street (Application 2006-7).

Mr. Schwecke gave an update on allowing parts of buildings in the downtown to extend onto or over public property. The response from the Wisconsin Clerk network was small. Most communities do not allow extension over public property because of legal and challenging issues. The Commission instructed staff to talk to the property owner regarding the responses from other communities.


New Business
Randy Kyle from Landmark presented the preliminary land division to create one lot, Landmark Services Cooperative applicant (Application 2006-40)

Mr. Schwecke reported the applicant wants to create one lot of 20.686 acres to accommodate the North Prairie Productions’ biodiesel project. He reviewed the stipulations in his report. The Commission noted a 60-foot easement centered on the existing loop track would be created for the benefit of Landmark Services Cooperative. After some discussion, the consensus was to add another stipulation that the easements are to be recorded in the final certified survey map (CSM).

Mayor Decker opened the public hearing at 6:20 PM and closed it at 6:21 PM.

Motion by Hammann, seconded by Braunschweig, to recommend to the Common Council the approval of the one-lot division 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. Additionally, motion included adding the stipulation that easements are to be recorded in the final CSM. Motion carried.

Mr. Schwecke presented the zoning code map amendment for 39 West Church Street, City of Evansville applicant (Application 2006-41). The city has submitted this application to rezone the subject property from Residential District One (R-1) to Local Business District (B-1). There has been a dental office in this residential neighborhood for many years. The dental office is currently a non-conforming use. The dentist office was sold earlier this year, and the new owner wants to put up a new sign, which generated the need to rezone the property from residential to business.

Mayor Decker opened the public hearing at 6:27 PM. The following residents appeared and spoke against the motion: 1) Alan Pitas, 120 Church Street; 2) Richard Fanning, 122 S. First Street; and 3) Anna Fanning, 122 S. First Street. They are aware of the dental office and are not adverse to the dental office and a business sign. Their concerns were if the home is rezoned B-1, another type of business could move into this building, which could negatively affect the value of their homes.

After some discussion, the consensus was not to change the character of the neighborhood and the public benefits do not outweigh adverse impacts.

Motion by Hammann, seconded by Braunschweig, to recommend to Council the adoption of Ordinance #2006-44 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 failed unanimously on a roll call vote.

Roger Berg, 75 Exchange Street, presented the site plan for Eager Building (Application 2006-42). The Dysis Group II, LLC (Roger Berg, Jeff Farnsworth, Ed Francois, and Rick Francois) wants to renovate the Eager Building where commercial area would be located in the basement level and on first floor and where residential area would be located on the second floor.

Mr. Schwecke reviewed his staff report with the Commission. During the discussion, the Commission wanted off-street parking for the eight apartments.

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) and to require the applicant to work with the Public Works Committee to designate off-street parking for the eight apartments. Motion carried.

Mr. Schwecke presented the zoning code text amendment relating to motor vehicle storage yards. With the current code, there are no allowances for vechicle storage. This ordinance rectifies that oversight.

Mayor Decker opened the public hearing at 7:51 PM and closed it at 7:52 PM.

The discussion by Plan Commission centered on the height of a fence for an impound yard and how to define a solid fence. The consensus was eight feet would be adequate and all applicants should submit a fence plan. Additionally, the Commission noted our fence code was inadequate and needs to be updated.

Motion by Hammann, seconded by Braunschweig, to recommend to Council the adoption of Ordinance #2006-42 as drafted.

Motion by Hammann, seconded by Braunschweig, to change words on line 34 from “A six-foot solid fence” to “An eight-foot solid fence” and to add to Section 2 the following words: “(2) e. The applicant shall submit a fence plan as part of the conditional use application, which shall specify materials, the color scheme, and construction methods.” Motion carried.

The original motion, as amended, carried.

The Commission instructed staff to draft a fence ordinance and submit it to Plan Commission for their review.

Mr. Schwecke presented subdivision regulation text amendment relating to payment of real estate taxes before filing a certified survey map with Rock County. This ordinance would require that all outstanding property taxes be paid in full before the certified survey maps (CSM) could be filed with the Register of Deeds. Rock County and a number of municipalities in the county have adopted an ordinance requiring payment of property taxes for CSMs.

Mayor Decker opened the public hearing at 8:15 PM and closed it at 8:16 PM.

Motion by Hammann, seconded by Braunschweig to recommend to Council the adoption of Ordinance #2006-43 as drafted. Motion carried.

Mr. Schwecke led the discussion relating to a review of the City’s adopted comprehensive plan (amendments are reviewed annually in May). He and the new city administrator will review the plan and report back next month. The Commission instructed staff to include on the Council agenda an item reminding chairpersons to review their respective sections of the comprehensive plan with their committees.

Mr. Schwecke led the discussion on the adoption of new flood insurance rate maps for the city. The Department of Natural Resources will be coming out with a new flood plain map. The Commission will need to review the new map and see how it affects our agreements with our new commercial and residential developments.

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
Ald. Hammann reported the Committee is working on TND and architectural standards and should be done in 4 to 5 months.

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

Adjournment
Motion by Skinner, seconded Braunschweig, to adjourn at 8:35 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.