Plan: April 30, 2012: Minutes

City of Evansville Plan Commission Regular Meeting Monday, April 30, 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 6:09). Others present: City Planner Ben Zellers, City Administrator Dan Wietecha, and members of the public. 3. Approval of Agenda. Braunschweig made a motion, seconded by Endres, to approve the agenda. Motion approved 6-0. 4. Approval of Minutes. Braunschweig made a motion, seconded by Eaton, to waive the reading of the minutes from the April 2, 2012, regular meeting and to approve them as printed. Motion approved 6-0. 5. Citizen Appearances. None. 6. New Business. a. Duplex: 249 East Main Street. i. Zellers explained that the conditional use permit application was similar to others the Plan Commission has approved in the neighborhood. ii. Decker opened the public hearing at 6:04. No public comments. The public hearing closed at 6:05. iii. Hearing no public comments, the Plan Commission confirmed that required notices were mailed and published. The Commission noted that the property has been operating as a duplex without a permit and the City had just recently learned of it. iv. Braunschweig made a motion, seconded by Brooks, that the Plan Commission approve the issuance of a conditional use permit (CUP) for a duplex at 249 East Main Street, 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 Code. Motion approved 6-0. b. Auto Dealership: 369 Union Street. i. Hammann arrived. Zellers explained this was the expansion of an existing auto dealership, requiring a site plan review as well as a conditional use permit for a vehicle repair and maintenance facility. The front façade is per Chevrolet requirements and its signage should be noted in the site plan review. Landscaping exists around the property perimeter; it appears to meet the required number of points but tree species were not identified. Existing paving extends about four feet into the front setback. No change is proposed to two existing pylon signs at the front. Two adjacent properties to the south are under the same ownership but not part of this application. ii. Decker opened the public hearing at 6:13. The applicant’s architect identified himself and offered to answer questions about the proposal. Public comments said it was a nice use of the property and happy to see a business expanding. The public hearing closed at 6:16. iii. The Plan Commission reviewed the recommended conditions in the Planner’s April 25, 2012, Staff Report. Applicant Rick Symdon indicated that the recommendation for hours of operation was more stringent than he would like. Existing vegetation, including mature trees, provides a buffer between the business and the park. The façade signage is consistent and appropriate for the project. The paving in the front setback has not posed a problem for the past 28 years. iv. Braunschweig made a motion, seconded by Hammann, that the Plan Commission approve the site plan (including a variance for the façade signage per section 130-1272(g)) and the issuance of a conditional use permit (CUP) for 369 Union Street to allow for a vehicle repair and maintenance facility under section 130-417 of the Zoning Code, 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 Code. The conditional use permit is approved subject to the following conditions: 1. Property owner will resubmit a site plan and landscaping plan for Plan Commission review if parking for the car dealership/auto repair use is enlarged or the property is combined with any adjoining parcels. 2. All regulations by other governmental entities pertaining to the use shall be adhered to at all times. 3. The use shall comply with Article III of Chapter 130 at all times. (Article III concerns performance standards). 4. All vehicles present on the lot for repairs shall be parked in spaces labeled for “service parking” on the site plan. 5. Hours of operation shall be limited to Monday-Friday, 7:00 am to 9:00 pm, and Saturday, 8:00 am to 7:00 pm. Motion approved 7-0. c. Dance studio: 16 South Madison Street. i. Zellers explained that the conditional use permit application was in an existing building and met performance standards. ii. Decker opened the public hearing at 6:30. Applicant Renae Arndt indicated that the recommendation for hours of operation was more stringent than she would like. Public comments said another business downtown would help foot traffic and that there were no conflicts with other tenants in the building. The public hearing closed at 6:32. iii. The Plan Commission confirmed that exterior signage would be replacement of an existing, unlit plaque. There are three units in the building. The Commission noted the hours of operation. iv. Braunschweig made a motion, seconded by Hammann, that the Plan Commission approve the issuance of a conditional use permit (CUP) for 16 South Madison Street to allow a dance studio under section 130-408 of the Zoning Code, 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 Code. The conditional use permit is approved subject to the following conditions: 1. Hours of operation cannot commence earlier than 8:00 am and end later than 9:00 pm on weekdays, and cannot commence earlier than 8:00 am and end later than 6:00 pm on Saturdays and Sundays. 2. The use shall comply with section 130-236 of the Zoning Code regarding noise. Motion approved 7-0. d. Extraterritorial Lot Division. i. Zellers said the application for a lot division of Parcel 6-20-252 was similar to other recent lot splits and was outside the City’s utility expansion area. ii. Hamman made a motion, seconded by Brooks, to approve the application for a certified survey map (CSM) for Parcel 6-20-252 in the City of Evansville’s extraterritorial review area subject to any conditions imposed by Rock County. Motion approved 7-0. 7. Old Business. a. Plan Commission Handbook. Wietecha explained the book is meant as a reference, not a duplication of hundreds of pages of ordinances. This is the first time we have done a handbook like this, so feedback would be helpful if it needs revisions or additions. b. Future Edits to Zoning Code. The Plan Commission explained that the Unified Land Development Code (ULDC) Committee had been created as an ad hoc advisory committee for big and complex topics. Several of the proposed edits appeared pretty straightforward and should be manageable by staff rather than needing committee review and advice. Future work by ULDC should be by the direction of the Commission. 8. Permitting Activity. No report. 9. Unified Land Code Advisory Committee. Zellers said ULDC is meeting May 24 to finish recommendations for sign regulations. 10. Historic Preservation Committee. No report. 11. Common Council. No report. 12. Board of Appeals. No recent meeting. 13. Enforcement. a. Zellers said he had just received a complaint about a dog care business operating as a home occupation. 14. Meeting reminder. Next regular meeting is Monday, June 4, 2012. 15. Adjournment. Hammann made a motion, seconded by Braunschweig, to adjourn the meeting. Motion approved unanimously at 6:47 pm.