Minutes: Evansville Plan Commission: November 2012

City of Evansville Plan Commission Regular Meeting Monday, November 5, 2012, 6:00 p.m. City Hall (Third Floor), 31 South Madison Street MINUTES 1. Call to order. The meeting was called to order at 6:00 pm by Mayor Sandy Decker. 2. Roll call. Members present: John Gishnock, Jim Brooks, Sandy Decker, Bill Hammann, Matt Eaton, and Carol Endres. Absent: Mason Braunschweig. Others present: City Planner Ben Zellers, City Administrator Dan Wietecha, and several members of the public. 3. Approval of agenda. Hammann made a motion, seconded by Brooks, to approve the agenda. Commissioners noted the correct, legally noticed version of the agenda. Motion approved unanimously. 4. Approval of minutes. Brooks made a motion, seconded by Hammann, to waive the reading of the minutes from October 1, 2012 regular meeting and approve them as printed. Motion approved unanimously. 5. Citizen appearances other than agenda items listed. a. Stephanie Gerberding said she did not want the monument sign at the entry to Capstone Ridge to be removed, it is an asset to the neighborhood, and she takes pride in her neighborhood. b. Melanie White said she moved into Capstone Ridge in 2006 because of the value ensured by the covenants, a homeowners association had been discussed when Sunland was the developer, she was not aware there were any problems with the sign, and that it should be easy to re-install since the sign and rocks still exist. She also said other neighbors would have attended this meeting if it had been noticed prior to November 2. c. Bill Venne said the sign denoted the neighborhood, he was disappointed there hadn’t been communication about the sign, and a one-year resident shouldn’t be able to unilaterally take down the sign. d. Pam Ascensio asked if Big Sweetie’s had a conditional use permit when it had been located on Brown School Road and if it would be transferrable to a new location. She said her neighbor takes in seven other dogs at her residence and charges $15 per day. She also said that nuisance barking laws should be enforced. Wietecha explained that the applicable regulation is based on commercial transaction and prior investigation had found that the animal boarding was being done without charge, so there had not been an ordinance violation. If this has changed or new information learned of a violation, then enforcement would be appropriate. 6. New Business. a. Public Hearing concerning a proposed rezoning of 339 Franklin Street (parcel 6-27-683) from “A-3 Agricultural District 3” to “A Agricultural District.” Zellers explained this rezoning was part of the simplification of the agricultural zoning. Decker opened the public hearing at 6:15 pm. There were no public comments, and Decker closed the public hearing at 6:16 pm. Plan Commission asked that the actual ordinances to the Common Council accomplish the agricultural zoning changes prior to rezoning individual properties to the new agricultural district. Brooks made a motion, seconded by Hammann, to recommend to Common Council the rezoning of 339 Franklin Street (parcel 6-27-683) from “A-3 Agricultural District 3” to “A Agricultural District.” Motion approved unanimously. b. Public Hearing concerning a proposed rezoning of 423 East Main Street (parcel 6-27-582.1) from “A-3 Agricultural District 3” to “A Agricultural District.” Zellers noted this rezoning was practically identical to the one just considered. Decker opened the public hearing at 6:19 pm. There were no public comments, and Decker closed the public hearing at 6:20 pm. Brooks made a motion, seconded by Hammann, to recommend to Common Council the rezoning of 423 E. Main Street (parcel 6-27-582.1) from “A-3 Agricultural District 3” to “A Agricultural District.” Motion approved unanimously. c. Public Hearing concerning a proposed rezoning of parcel 6-27-969 (parcel north of the North Wyler Drive/Garfield Avenue intersection) from “A-2 Agricultural District 2” to “A Agricultural District.” Zellers said this rezoning was similar to the prior two, except that this one is an A-2 property rather than A-3. Decker opened the public hearing at 6:22 pm. There were no public comments, and Decker closed the public hearing at 6:23 pm. Brooks made a motion, seconded by Endres, to recommend to Common Council the rezoning of parcel 6-27-969 (parcel north of the N. Wyler Dr. / Garfield Ave. intersection) from “A-2 Agricultural District 2” to “A Agricultural District.” Motion approved unanimously. d. Public Hearing concerning proposed amendments relating to agricultural zoning contained in Chapter 130, Article V, sections 130-372, 130-373, 130-374, 130-375, 130-413, 130-454, 130-455, and 130-482, and Chapter 130, Article VIII, Divisions 2, 3, and 4. Zeller explained the ordinance as a simplification of the agricultural zoning regulations. It updates the A-1 classification as A, consistent with the land use descriptions. It essentially dissolves the separate A-2 and A-3 designations, rolling them into the single A classification. It considers the A zoning more of a holding district for future development rather than agricultural preservation. Decker opened the public hearing at 6:26 pm. There were no public comments, and Decker closed the public hearing at 6:27 pm. Brooks made a motion, seconded by Hammann, to recommend to Common Council approval of Ordinance 2012-18, Amending Chapter 130 of the Municipal Code Relative to Agricultural Zoning. Motion approved unanimously. e. Public Hearing concerning proposed amendments to sections 130-172, 130-173, and 130-674 of the zoning code concerning the zoning of annexed land and Chapter 16 of City ordinances concerning the zoning of annexed land and clarifications to the noticing requirements for the annexation of land. Zellers explained the ordinances clarified procedures for annexation, ensured property would be zoned according to the city’s Zoning Code rather than under the town’s, and made the annexation and zoning chapters consistent. Decker opened the public hearing at 6:32 pm. There were no public comments, and Decker closed the public hearing at 6:33 pm. Brooks made a motion, seconded by Endres, to recommend to Common Council approval of Ordinance 2012- 19, Amending Chapter 130 of the Municipal Code Relative to Annexation and Ordinance 2012-20, Amending Chapter 16 of the Municipal Code Relative to Annexation. Motion approved unanimously. f. Capstone Ridge Monument Sign. Hammann said he recalled the Capstone Ridge subdivision had been proposed as an upscale neighborhood. He did not recall discussion of the monument sign being a city sign; he believed it would be part of the neighborhood. He noted that the city does not approve or enforce covenants; covenants are a private contract between the neighbors. Decker said that even though the Plan Commission was taking no action regarding the monument sign this evening, the Common Council may still want to discuss the matter. 7. Report on other permitting activity by City Planner. No report. 8. Report on the Unified Land Development Code Committee. No report; not meeting again until next year. 9. Report of the Evansville Historic Preservation Commission. A couple minor projects – replacing windows and a porch – were approved. 10. Report on Common Council actions relating to Plan Commission recommendations. Wietecha explained that the selection panel for the Community Development Director would include the Mayor as chair of Plan Commission, chair of Economic Development Committee, Council President, Rock County Planning Department, Baker Manufacturing, and the City Administrator. They would review the applicants and sort them into A, B, and C categories based on qualifications. Interviews of the A category are expected after Thanksgiving. The position is the City Administrator’s to appoint. 11. Report on Board of Appeals actions relating to zoning matters. Next meeting is Wednesday, November 7, to consider a series of setback variances to enable a lot division. 12. Enforcement Report. No report. 13. Meeting reminder. The next Plan Commission meeting is Monday, December 3, 2012. 14. Motion to adjourn. Hammann made a motion, seconded by Eaton, to adjourn the meeting. Motion approved unanimously at 6:50 pm.