Minutes; Plan Commission: April 2012

City of Evansville Plan Commission Regular Meeting Monday, April 2, 2012, 6:00 pm City Hall (Third Floor), 31 South Madison Street MINUTES 1. Call to Order. The meeting was called to order at 6:00 pm by Chair Mayor Sandy Decker. 2. Roll Call. Members present: Jim Brooks, John Gishnock, Mason Braunschweig, Matt Eaton, Sandy Decker, Carol Endres, and Bill Hammann (arrived 6:04). Others present: Alderperson Tony Wyse, City Planner Ben Zellers, City Administrator Dan Wietecha, and member of the public. 3. Approval of Agenda. Braunschweig made a motion, seconded by Brooks, to approve the agenda. Motion approved unanimously. 4. Approval of Minutes. Braunschweig made a motion, seconded by Brooks, to waive the reading of the minutes from the February 6, 2012, regular meeting and to approve them as printed. Motion approved unanimously. 5. Citizen Appearances. None. 6. New Business. a. Vehicle Repair & Maintenance Facility: 119 E. Main St. i. Zellers explained that the property had been rezoned to Business District 3 (B-3) last October. The application is for an adaptive re-use of an existing building. It complies with the city’s Comprehensive Plan. The Historic Preservation Commission had found the application appropriate with the historic standards. The recommended conditions include compliance with historic standards and limits on parking. ii. Decker opened the public hearing at 6:07. Noting problems with the prior use of the property, the public voiced concerns about paint fumes, junk vehicles or parts being stored in the backyard, and noise. The public spoke in favor of the application noting the applicant is a body shop not a “rebuilder” of wrecked cars and that the historical renovation of the property is important to the downtown. The applicant said they want to have a good business and to be good neighbors. There was a question whether the conditions would apply if the business were sold. The public hearing closed at 6:13. iii. The Plan Commission discussed the offsite parking, air filtration and state and federal regulations for the paint booth, historic renovation of the windows and garage door, and the Commercial Design Review Standards for the historic district. The Commission clarified a couple items in the recommended conditions. iv. Brooks made a motion, seconded by Hammann, that the Plan Commission, having considered relevant information as specified under Section 130-131 of the city’s Zoning Code, approve the issuance of a conditional use permit (CUP) for Vehicle Repair and Maintenance for 119 East Main Street, finding that the benefits of the use outweigh any potential adverse impacts, and that the propose use is consistent with the required standards and criteria for issuance of a CUP set forth in Section 130-104(3)(a) through (e) of the Zoning Code. The permit is approved subject to the following conditions: 1. No vehicles associated with the business may be stored off site in the downtown business district. 2. No vehicles may be stored or parked on the drive aisle to the east of the building, other than the occasional parking of trucks for deliveries to the site. 3. No items may be stored outside, other than what is expressly allowed under these conditions. 4. Only licensed, operable vehicles may be parked in the parking lot to the south of the building. 5. The dumpster shall be stored outside the flood fringe/floodway/floodplain at all times. 6. Signage shall comply with Article X of the zoning ordinance; any signage submitted for a permit shall be submitted under Sec. 130-1275 (signage requirements for the B-2 district). 7. The building and site shall be subject to Sec. 130-796 (architectural requirements for the B-2 district), and building renovation and rehabilitation shall follow the Design Review Standards for Commercial Projects adopted by the Historic Preservation Commission on September 21, 2005 to support the architectural and historic character of the historic district. 8. Any exterior lighting designs shall be submitted to the City Planner for staff review and approval. 9. Hours of operation shall be limited to the hours specified in the Conditional Use Permit application (Monday-Friday: 7am – 6pm; Saturday: 8am - 12pm). 10. The restored garage door on the front façade shall be historically appropriate to the building, be made of wood, be decorative in nature only, and shall not be operable. Windows shall be replaced back to their original size and be framed with cement fiberboard material, as specified in the CUP application. 11. All regulations by other governmental entities pertaining to the use shall be adhered to at all times. 12. The use shall comply with Article III of Chapter 130 at all times (Article III concerns performance standards). 13. In order for the proposed use to fit in with its immediate surroundings in particular and the historic downtown in general, building alterations shall proceed as specified in the Conditional Use Permit application dated 3/10/12, and shall be completed prior to the opening of the business. 14. The Plan Commission waives the parking requirements for the project, as allowed by sec. 130-1302(p)(1), finding that the such an exception results in a site plan and development that is a benefit to the City and is consistent with the intent of Chapter 130. 15. This CUP shall not transfer to a new owner without the new owner appearing in front of the Plan Commission to review the CUP and to ensure compliance with all of the above conditions. b. Zoning Code Updates. Zellers presented a number of potential revisions and updates to the Zoning Code asking for recommendations on which to discuss at the Uniform Land Development Code (ULDC) Committee. Plan Commission said that ULDC has had some mission creep over the years and expended its role to reviewing all proposed revisions. The Commission preferred to revisit the purpose of ULDC before taking on new recommendations. The Commission will discuss the issue further at its next meeting and directed that ULDC finish only the sign ordinance in the meantime. The Commission also asked about a cost estimate to complete the items in the list. 7. Permitting Activity. No report. 8. Unified Land Code Advisory Committee. Zellers said they are scheduling an upcoming meeting. 9. Historic Preservation Committee. Historic Preservation Commission had recommended the CUP discussed earlier under new business. 10. Common Council. No report. 11. Board of Appeals. No recent meeting. 12. Enforcement. a. Zellers said a temporary sign on Union Street had been moved. 13. Meeting reminder. Next regular meeting is Monday, April 30, 2012. 14. Adjournment. Hammann made a motion, seconded by Endres, to adjourn the meeting. Motion approved unanimously at 6:55 pm.