Minutes: Plan: Mar 4, 2013

City of Evansville Plan Commission Regular Meeting Monday, March 4, 2013, 6:00 p.m. City Hall (Third Floor), 31 South Madison Street MINUTES 1. Call to Order. The meeting was called to order at 6:01 p.m. by Mayor Sandy Decker. 2. Roll Call. Members present: John Gishnock, Mason Braunschweig, Sandy Decker, Bill Hammann, Matt Eaton, Carol Endres, and Jim Brooks (arrived late). Others present: City Administrator Dan Wietecha, Community Development Director Nicole Sidoff, Fred Johnson (Landmark Services Cooperative), and members of the public. 3. Approval of Agenda. Braunschweig made a motion, seconded by Hammann, to approve the agenda. Motion approved 6-0. Brooks arrived at 6:03 p.m. 4. Approval of minutes. Braunschweig made a motion, seconded by Hammann, to waive the reading of the minutes from the February 4, 2013 regular meeting and approve them as printed. Motion approved 7-0. 5. Civility Reminder. Decker noted the civility reminder. 6. Citizen appearances other than agenda items listed. None. 7. New Business a. Public Hearing concerning a proposed application for a Conditional Use Permit request for 6524 County Road M (Landmark Services Cooperative) to permit a group development, to permit agricultural service uses, and to permit construction of a structure in excess of 35 feet in height in a Heavy Industrial (I-2) District; site plan review for 6524 County Road M. i. Initial Staff Comments: Sidoff noted that the Plan Commission would be looking at the Conditional Use Permit (CUP) and the site plan. Regarding the CUP, Landmark is looking to expand their operations, which would include constructing a few new buildings, hence the group development request. Additionally, Landmark had been an agricultural service use prior to annexation in 2006; the Plan Commission had recommended during an earlier meeting to allow agricultural service uses in the I-2 District with a CUP to address Landmark’s existing use. Approving this conditional use would formally allow this use on Landmark’s property. Lastly, part of the expansion project is to build a 185 foot grain storage bin, which is a permitted conditional use for an agriculture service use. The proposed expansion plan is consistent with the Smart Growth Plan’s future land use map, as well as the zoning code, with the exception of one issue. The proposed site plan impinges upon the required 100 foot setback, as the grain storage pit and accompanying building would be roughly 70 feet from the southern property line. The property owner to the south has expressed support for the project. Landmark has applied for a variance for the setback, and Sidoff is working to schedule a Board of Appeals meeting for the end of March. Any motion to approve the site plan should be contingent upon the Board of Appeals granting the variance. ii. Applicant Presentation: Fred Johnson, Grain Operations Manager for Landmark Services Cooperative, gave a presentation describing the project in more depth. Endres asked what the likelihood of a fire in the grain bin would be, and if there was a fire, what the process would be for dealing with it. Johnson noted that they were using the newest technology in constructing the grain bin. The technology includes many safety features, including one that turns the gas off if there is a fire. Additionally, the bin would not be close to other structures that could burn. The Evansville Fire Department does training at Landmark every year and Landmark will invite the Fire Department to visit the new project and learn about access points. Gishnock asked about the amount of new asphalt the project would add. Johnson noted the moderate expansion in asphalt on the site plan map, noting it would primarily be where the trucks would need to drive. Hammann asked where the setback would be violated. Wietecha noted that the receiving pit and building would be about 78 feet from the property line. Gishnock asked about stormwater runoff. Johnson showed the manholes on the site plan and noted that runoff from one area would be rerouted to a different retention ditch. iii. Public Hearing: Decker opened the public hearing at 6:15 p.m. There were no public comments, and Decker closed the public hearing at 6:16 p.m. iv. Plan Commissioner Questions and Comments: Hammann noted that the CUP and site plan are consistent with the zoning code and the Smart Growth Plan and that the project is a good fit for the City. The only issue is the setback, but he sees that as no problem, as the abutting property owner is in support of the project. Hammann noted that the Plan Commission does not see the setback violation as an issue. Braunschweig noted that the Board of Appeals should be given a copy of these minutes so they could see the Plan Commission’s conversation regarding this issue. Brooks asked if having the proposed grain storage bin in place two years ago would have helped reduce the amount of corn on the ground at that time and already be resulting in payback. Johnson noted that much of the corn would have been off the ground and payback would already be occurring. Brooks noted that this is a very good project. v. Motion Regarding Conditional Use Permit Application: Braunschweig made a motion, seconded by Hammann, to approve issuance of a Conditional Use Permit for 6524 County Road M (Landmark Services Cooperative) to allow a group development, as per Section 130-418 of the zoning code, to allow Agricultural Service Uses, as per Section 130-344 of the zoning code, and to allow construction of a building in excess of 35 feet in height, as per Section 130-1187 of the zoning code, in an I-2 (Heavy Industrial) zone, finding that the benefits of the use outweigh any potential adverse impacts, and that the proposed 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 Ordinance. The permit is approved subject to the conditions identified in the staff report. Motion approved 7-0. vi. Motion Regarding Site Plan Review: Braunschweig made a motion, seconded by Hammann, to approve the site plan for 6524 County Road M (Landmark Services Cooperative) contingent upon the Board of Appeals granting the variance from the Agricultural Services Use section 130-344(2b) to allow construction of the grain receiving dump pit and building within the setback area. Motion approved 7-0. b. City of Evansville Park and Outdoor Recreation Plan Status Update. Sidoff distributed copies of the table of contents and planning process timeline. She noted that the Park and Recreation Board approved these documents at their February meeting. She anticipates that the planning process will take 4-5 months, with the Plan Commission and Common Council taking up the Plan for approval and adoption in July. The majority of public input will take place in March and April. Members were encouraged to share any ideas for public input opportunities with Sidoff. This planning process and the public input efforts will be a test case for the Smart Growth Plan update. Hammann noted that he remembered the park planning process from when he was Park and Recreation Board Chair, and there was high attendance at public meetings related to the Plan. 8. Monthly Reports a. Report on other permitting activity by Zoning Administrator. No report. b. Report on the Unified Land Development Code Committee. No report. c. Report of the Evansville Historic Preservation Commission. Decker noted that the application was submitted to the State Historic Preservation Office for approval for the disc golf course at Leonard-Leota Park. There is a 30 day window for response, which means the City will hear back soon about the decision. d. Report on Common Council actions relating to Plan Commission recommendations. Decker noted that the Common Council took up the zoning amendment allowing agricultural service uses in an I-2 zone. Wietecha noted that as of February 20, the Community Development Director was the official zoning administrator by ordinance. Previously, this was a duty assigned to the City Administrator by ordinance. e. Report on Board of Appeals actions relating to zoning matters. Sidoff noted that she is trying to schedule a Board of Appeals meeting for the end of March to take up the Landmark Services Cooperative variance application. f. Enforcement Report. No report. 9. Meeting Reminder. The next Plan Commission meeting is Monday, April 1, 2013. 10. Adjournment. Braunschweig made a motion, seconded by Hammann, to adjourn at 6:28 p.m. Motion approved 7-0. The minutes are not official until approved by the Plan Commission at their next regular meeting.