Plan Commission: January 2012: Minutes

City of Evansville Plan Commission Regular Meeting Monday, January 3, 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, Carol Endres, Mason Braunschweig, Matt Eaton, and Sandy Decker. Absent: Bill Hammann. 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 Eaton, to approve the agenda. Motion approved unanimously. 4. Approval of Minutes. Braunschweig made a motion, seconded by Endres, to waive the reading of the minutes from the December 5, 2011, regular meeting and to approve them as printed. Motion approved unanimously. 5. Citizen Appearances. None. 6. New Business. a. Duplex CUP. i. Zellers reviewed the memo about 292 East Main Street. The house had previously been a duplex, and property across the street is zoned R-2. Converting the house back into a duplex with a conditional use permit (CUP) would be consistent with the City’s comprehensive plan and zoning code. It would be an appropriate use and not cause an adverse affect on neighboring properties. ii. Mayor Decker opened the public hearing at 6:06. Applicant stated that the house had previously been a duplex. Public hearing closed at 6:07. iii. The Commission asked for clarification that the duplex was upstairs and downstairs. The Commission asked about parking; there is a four car garage to provide adequate parking off the busy street. iv. Braunschweig made a motion, seconded by Brooks, to approve issuance of a conditional use permit for 292 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 as set forth in section 130-104(3)(a) through (e) of the zoning code. Motion approved unanimously. b. Outdoor Storage CUP and Site Plan. i. Wietecha reviewed the memo about 498 Water Street. The property has a prior conditional use permit (CUP) as a group development; the proposed CUP and site plan is just to permit outdoor storage to support a landscape supply business and contract trucking. The use is consistent with the City’s comprehensive plan and zoning code and would not cause an adverse affect on neighboring properties. Wietecha noted that the addition of the bunkers would remove a number of parking stalls but it appeared the site would retain more than enough stalls to satisfy parking requirements. The application was unclear about the location or size of any future signage. ii. Mayor Decker opened the public hearing at 6:13. Sue Merritt asked about the property location (not directly behind her house), an existing green area (would be retained), pavement (would not change), buildings (no new building), and access (entry/exit would not be through the green area). Public hearing closed at 6:15. iii. The Commission asked about small engine repair (indoor maintenance service is a permitted use in the I-1 district); parking (adequate paved parking even if not all stalls are marked), and signage (probably a 4x8 sign on the main building). Commission noted that the movability of the bunkers was a plus. iv. Brooks made a motion, seconded Braunschweig, to find the application meets the criteria of section 130-104(3) of the municipal code and to approve a conditional use permit without additional conditions and site plan subject to clarification of any proposed signage and adequacy of marked parking stalls. Motion approved unanimously. c. Concept Review. Zellers explained that the zoning code currently allows for concept review by the Plan Commission of potential conditional use permit and rezoning applications. The Uniform Land Development Code Committee recommended revising the zoning code to eliminate the concept review on CUP applications since the Commission has the final decision on CUPs. The concept review would be retained for rezoning applications since the Commission does not make the final decision. Applicants would still be encouraged to meet with staff to discuss their applications. Brooks and Braunschweig agreed to sponsor the ordinance. d. Zero Lot Line Duplex. Zellers explained that the Uniform Land Development Code Committee (ULDC) had discussed revisions to the zoning code to allow zero lot line duplexes. Of particular concern of ULDC was to include a requirement for joint access and maintenance to avoid having a vacant unit causing problems for the occupied, adjoining unit. The Commission suggested expanding the joint access and maintenance provision to all duplexes, not just zero lot line duplexes. Braunschweig and Brooks agreed to sponsor the ordinance. e. Extraterritorial Land Division. Wietecha explained that the proposed land division of parcel 6-16-247 in the Town of Union is within the City’s 1.5 mile extraterritorial jurisdiction area but is outside the City’s planned utility expansion area and future land use map. The Commission had a couple questions about the County’s zoning and access requirements but noted that the County had not yet reviewed the proposed land division. Brooks made a motion, seconded by Braunschweig, to approve a land division for parcel 6-16-247 in the City of Evansville’s extraterritorial review area according to the application received December 27, 2011. Motion approved unanimously. 7. Permitting Activity. No report. 8. Unified Land Code Advisory Committee. Zellers said the Committee would meet in late February. 9. Historic Preservation Committee. No recent meeting. 10. Common Council. Adopted the ordinance amending the outdoor storage regulations of the zoning code. 11. Board of Appeals. No recent meeting. 12. Enforcement. No report. 13. Meeting reminder. Next regular meeting is Monday, February 6, 2012. 14. Adjournment. Braunschweig made a motion, seconded by Endres, to adjourn the meeting. Motion approved unanimously at 6:55 pm.