Plan Commission
Regular Meeting
Tuesday, August 1, 2005, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald. Hammann, Ms. Dickert, Messrs. Sauer, Skinner, and Vrstal. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Jim Beilke, Clerk/Treasurer.
The Agenda was approved as printed.
Motion by Hammann, seconded by Sauer, to waive the reading of the July 5, 2005 Minutes and approve them with the following corrections: (1) Mr. Vrstal noted Ald. Hammann made the two motions on the bottom on page 7 and Vrstal seconded the motions, and (2) Mayor Ringhand noted that on page two, the motion seconded by “Gilbert” was seconded by “Skinner.” Motion carried.
Citizen Appearances Other Than Those Agenda Items Listed. None.
Unfinished Business.
The Commission took up Ordinance #2005-27, which would amend the city’s subdivision regulations. Mr. Connors reviewed Amendment 1-1 regarding property owner notification, the city’s official map, the city’s floodplain management regulation, annexation, erosion control, storm water control, effective dates, and differences between county and municipal codes. Ald. Hammann explained this ordinance would put in place a process (checklist) for reviewing subdivisions and other land divisions, annexation and zoning.
Motion by Hammann, seconded by Sauer, to recommend to the Common Council the adoption of Ordinance #2005-27.
Motion by Vrstal, seconded by Hammann, to amend on page 9, line 29, by changing the word “lever” to “level.” Motion carried.
Motion by Hammann, seconded by Vrstal, to adopt Amendment 1-1 with the following changes: on page 3, lines 43-44, by deleting “or after the day after publication of this ordinance,” and inserting “August 18, 2005;” and on page 4, lines 2-3 and lines 6-7, by deleting “or after the day after publication of this ordinance,” and inserting “August 18, 2005.” Motion carried.
The original motion, as amended, carried.
There was no report regarding the update on proposal to adopt architectural design standards, because Mr. Schwecke has not yet had an opportunity to meet with representatives of the business and development communities about enacting architectural design standards.
New Business
Motion by Hammann, seconded by Skinner, to recommend to the Common Council the approval of the final plat as submitted for Conifer Hills Second Addition (Application #2005-14) in the Town of Union. Motion carried.
The Commission took up a draft ordinance that would amend the city’s zoning code by revising the minimum separation between community living arrangements and revising where they would be allowed. Mr. Schwecke explained that the existing zoning code is internally inconsistent in regards to where community living arrangements are allowed and recommended that there would be one place in the code where the allowable uses are listed. John Decker, 143 W. Main St., noted that proposed amendment allowed nursing homes, and hospitals on collector streets on page 7, line 25-26 and on page 9, line 25. Mr. Connors said these issues would be addressed in a revised draft of this ordinance or in a separate ordinance. Ald. Hammann and Ald. Aikman said they would sponsor this ordinance.
The Commission took up a draft ordinance to revise Section 130-270 regarding bufferyard requirements. Mr. Schwecke explained the draft ordinance clarifies bufferyards regulations to focus on mitigating any potential impacts between incompatible land uses. Ald. Aikman asked for an amendment on page 2, lines 11-13, to delete the seconded sentence, “The bufferyard, or portion thereof, may be located on the adjoining lot, provided the property owner agrees and an easement, as approved by the city, is recorded to run with the land.” The Commission requested the City Planner Schwecke review the opacity values in the table for required bufferyard and report back in September.
The Commission took up the proposed ordinance to revise sections of the sign code regarding electronic message centers, banner signs, and time requirements for compliance of illegal signs. Mr. Schwecke stated, initially, this amendment was addressing violations of signs and clarifying language on banner signs, but in the interim, the sign application for electronic message signs from Evansville Bank was received. Because of the very busy highway, the bank requested an electronic message center larger than the current sign code allows. Wally Ruden, Grant Signs, 5119 Terminel Dr., McFarland, stated that the message center’s usage would be 2 or 4 lines. During the day, two lines would be used, so that the message would be highly visible to traffic hundreds of feet away. At night, four lines would be used displaying static data. Mr. Vrstal questioned “community” and “business” banners terms on page 1 and asked how to distinguish between the two. Additionally, Mr. Vrstal asked for clarification on dangerous, dilapidated, and unsafe signs as stated on page 3. Ald. Hammann reviewed the three-week period for a sign with the Commission. The consensus reached was to change the period to - starting 28 days before the event and ending 7 days after the event. Initially, the Commission wanted the City Planner re-write the ordinance. Mr. Connors stated the Bank of Evansville’s position that they would like a monument sign by October 11, 2005 when they open. The commission asked the City Planner to send a draft ordinance addressing only the electronic message center parts to Ald. Hammann and Aikman this week. If they would sponsor that draft ordinance, it would be placed on the next Council agenda. Ald. Hammann and Aikman would sponsor the ordinance regarding only the violations of sign regulations and banners signs.
The Commission took up a draft ordinance that would revise the vehicular access requirements in the B-1, B-2, B-3, B-4, and O-1 zoning districts. Ald. Hammann wanted this ordinance to address site plan regulations for each zoning districts. Mr. Connors said the current code has only local, collector and arterial streets. This ordinance addresses only the required street type for vehicular access in each zoning district. The Commission asked Mr. Connors to re-write the ordinance to eliminate the street-type restrictions and beef up the site-plan requirements for development in commercial zoning districts.
Preliminary Development Presentations. None
City Planner’s Report.
Mr. Schwecke provided an update on Badger Cycle owned by Tom Nonn. Mr. Nonn told Mr. Schwecke that he intends to terminated his business on 26 Maple Street. Mr. Nonn may work on 20 plus personal motorcycles for his collection at Maple Street. Mr. Schwecke stated that Rock County amended its floodplain management ordinance to comply with recent administrative code changes to NR 116, Wisconsin Supreme Court cases, and minimum standards of the National Flood Insurance Program (NFIP). Mr. Schwecke stated it would be prudent to see what changes may be necessary to the city’s floodplain regulations, which he would do and report back in September.
Report of the Evansville Redevelopment Authority.
Mr. Connors said the Evansville Redevelopment Authority was asked to consider changing the boundary of Tax Incremental District No. 5 to include a residential rental building on the south side of W. Church St., owned by Triple B Investment, and decided if the boundary should be changed, it would be prudent to consider adding a number of parcels to the district. Sandy Decker, 143 W. Main Street, stated that the Historical Preservation Commission is very concerned about preserving a vibrant and historical area in the neighborhood around Triple B Investment’s property.
Motion by Hammann, seconded by Aikman, to authorize a public hearing on proposed boundary changes to Tax Incremental District No. 5 at the next regular Plan Commission meeting on Tuesday, September 5, 2005 [this was an error–the hearing will be on Tuesday, September 6, 2005]. The motion passed , with Mr. Vrstal abstaining.
Motion by Hammann, seconded Sauer, to adjourn, carried. The meeting adjourned at 8:40 PM.
Prepared by:
James A. Beilke
City Clerk/Treasurer
The Minutes of the Plan Commission are not official until approved by Plan Commission.
Sunday, August 28, 2005
Monday, June 6, 2005
Minutes: Evansville Plan: June 6, 2006
Evansville Plan Commission
Regular Meeting
Monday, June 6, 2005, 6:00 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald, Hammann, Messrs. Sauer, Skinner, and Vrstal. Ms. Dickert was absent. Staff present: Tim Schwecke, City Planner, and Bill Connors, City Administrator. Also present in the audience were Ald. Cothard and Ald. Sornson.
The Agenda was approved as printed.
Motion by Hammann, seconded by Skinner, to waive the reading of the May 2, 2005, Minutes and approve them as printed. Motion carried.
Citizen appearances other than agenda items listed. None.
Unfinished Business.
The commissioners reviewed a draft ordinance permitting sidewalk cafés in the B-2 district, which was prepared by Mr. Schwecke. The maximum allowed table size was specifically addressed. Ald. Hammann and Ald. Aikman agreed to sponsor the ordinance as drafted. Staff will check current sidewalk widths.
The commissioners reviewed a revised draft of an ordinance that would comprehensively revise the subdivision chapter of the Municipal Code, which was prepared by Mr. Connors with assistance from Mr. Schwecke. Mr. Sauer suggested that the new ordinance incorporate Rock County’s ordinances on storm water management and erosion control. There was general support for this idea. Ald. Hammann suggested some revisions and indicated he would sponsor the ordinance. Ald. Aikman indicated she also would review the ordinance. Mr. Sauer and Ron Combs, Combs & Associates, said they would review and comment on the second revised draft.
The commissioners reviewed a draft ordinance clarifying the existing sign regulations, which was prepared by Mr. Connors. Mr. Connors said the purpose of this ordinance was not to change anything, but to make the text clearer so that the sign regulations would be interpreted in the future consistent with how city staff currently interprets the regulations. There was discussion of the regulation of sandwich board signs placed on sidewalks in the B-2 district. It was suggested that during construction projects, businesses negatively impacted by the construction should be allowed to place sandwich board signs in a designated location or locations away from their businesses to direct customers to them. Mr. Connors recommended that sandwich board signs be addressed by a separate ordinance. Ald. Hammann and Ald. Cothard indicated they would sponsor an ordinance regarding sandwich board signs. Ald. Hammann and Ald. Aikman indicated they would sponsor the ordinance clarifying the existing sign regulations.
Mr. Connors updated the commissioners about issues that had arisen with Francois Oil’s new gas station/convenience store/Subway restaurant project at the northeast corner of E. Main St. and Union St. City staff discovered that part of the site for this project inadvertently had not been rezoned to B-3. Francois Oil’s rezoning application had only covered the full lot it purchased. Later, Francois Oil expanded the site to include, in addition, the west 20 feet of the lot immediately to the east, and this 20-foot strip of land still is zoned R-1. Francois Oil will submit an application to rezone this 20-foot strip to B-3. In addition, city staff discovered that the required buffer yard along the east edge of the site was not 20 yards wide, as required by the Municipal Code. Francois Oil also owns the parcel immediately to the east and will record a landscaping easement on that parcel to bring the width of the bufferyard to 20 feet. This will necessitate removing an existing garage on this adjacent parcel.
New Business.
Motion by Hammann, seconded by Sauer, to recommend to Council adoption of Ordinance #2005-12, annexing Rachel Elmer’s property. Ron Combs gave an overview of the proposed residential subdivision development on behalf of the developers, Evansville Development, Inc. Roger Berg, one of the developers, reported that the state Department of Administration had overruled an objection to the annexation made by the Town of Union. He said the annexation does not include the strips of land in between the lots along CTH M that were created by certified survey maps, and that if they acquire the property from Ms. Elmer, they will give or sell those strips of land to the owners of the CSM parcels. The commissioners discussed whether the annexation would create any town islands, and were informed it would not, because all of the parcels on USH 14 and CTH M that still are in the township would remain connected to the rest of the township by parts of the USH 14 and CTH M right of ways that remain in the Town of Union.
Mr. Hammann discussed Mr. Connors’s memorandum, dated June 1, 2005, in which Mr. Connors discussed a proposal by Evansville Development, Inc. to manage the rate of residential grown even if the city agreed to let development go forward on Capstone Ridge, Westfield Meadows, Grand Orchard Estates (Ms. Elmer’s property), and land currently owned by Larson Acres Farm north of Porter Road and west of the Berg, Woodworth & Petterson Subdivision. Mr. Connors’s memo included a spreadsheet that provided an example of how this growth management proposal could work. Mr. Skinner asked what would happen if the city approved all four of these subdivisions and another developer came forward with another subdivision during the next 10 or 11 years. Mr. Connors responded under those circumstances, the city could not approve the additional subdivision unless it would give up on the idea of trying to keep the rate of population growth to no more than 27% over 10 years. Mayor Ringhand commented that the proposed Grand Orchard Estates Subdivision on Ms. Elmer’s land is the only “new” subdivision in this equation, because even the potential subdivision on the Larson Acres Farm land was contemplated at the time that the final land divider’s agreement for the Berg, Woodworth & Petterson Subdivision was negotiated. Ald. Hammann said he supported the suggestion in Mr. Connors’s memo that additional housing units created by downtown redevelopment and in-fill should be excluded when attempting to keep the population growth rate to 27% over 10 years. Ald. Aikman asked why Mr. Connors memo did not include the impact of building on vacant lots in previously approved residential subdivisions, such as the Berg, Woodworth & Petterson Subdivision. Mr. Connors conceded this was an oversimplification, but Mr. Combs and others argued the impact of the homes that will be built on those lots on the overall analysis would not be significant. Also, the estimate in the analysis of 175 lots on the Larson Acres Farm land might be high. There was discussion of the issues raised in Mr. Connors’s memo, dated June 1, 2005, about issues raised by the proposed annexation of Ms. Elmer’s land. Finally, there was discussion of the proposed rezoning of the lots in the proposed subdivision. This issue will come before the Plan Commission in July, if the Council grants annexation. The developers are no longer seeking to include in this subdivision any single-family lots for houses smaller than 1,450 square feet total on the first floor and above.
The original motion passed.
Mayor Ringhand opened the public hearing on Ordinance #2005-13, rezoning Rachel Elmer’s property from A-1 Town of Union to A-1 City of Evansville, at 7:15 PM. Mark Schnepper, 547 S. 6th St., said he is okay with the annexation, as long as the limits on population growth are enforceable. Roger Berg responded that the limits on development of lots would be included in final land divider’s agreements. Becky Imhoff, 7600 N. CTH M, the house north of the Red Barn Restaurant, said annexation of her property would not be in her best interest, and she is concerned about the noise of construction in her back yard. Lou Rinehardt, 7605 N. Orchard View Dr., said this would increase traffic in the Morningridge Subdivision in the Town of Union, making it less safe for children. Bonnie Luchsinger, 7716 N. CTH M, said she and her husband might want to come forward with a proposal to subdivide their property, located immediately to the north of Ms. Elmer’s property, within the next 10 years. Therefore, they oppose the proposed limits on growth. Their property is marked for rural residential development on the future land use map of the proposed City of Evansville Smart Growth Comprehensive Plan. Mayor Ringhand closed the public hearing at 7:22 PM.
Motion by Hammann, seconded by Sauer, to recommend to the Common Council a zoning change for the subject property from Agricultural District One (A-1) Town of Union to Agricultural District One (A-1) City of Evansville contingent on annexation of the parcel and based on the findings contained in the staff report and on the conclusion that the public benefits of the proposed zoning classification outweigh any an all potential adverse impacts, if any. Motion passed.
Motion by Hammann, seconded by Sauer, to recommend to Council approval of the preliminary land divider’s agreement with Evansville Development, Inc. for Grand Orchard Estates. Motion passed.
Motion by Hammann, seconded by Vrstal, to recommend to Council adoption of Ordinance #2005-14, amending the Municipal Code relative to outdoor seating for restaurants and taverns.
Mayor Ringhand opened the public hearing at 7:32 PM. There were no comments from the public. Mayor Ringhand closed the public hearing at 7:33 PM.
Motion passed.
The commissioners discussed whether the Municipal Code should be amended to permit drive-through windows (in addition to drive-up financial institutions) in the B-2 district. Roger Roth, Roth Accounting, 8 S. Madison St., said his business intends to purchase the current Bank of Evansville building, and since the drive-through window for the bank has never been a problem, he wonders why his accounting business should be prohibited from using it. Dave Hamby, 8 S. Madison St., said there would be less traffic volume using the drive-up window for the accounting firm than for the bank. It will be convenient for businesses for which the accounting firm does their payrolls. He said he thinks this will be the first accounting firm with a drive-up window in the state, which might get some press for Evansville. Nicole Hamby, 8 S. Madison St., said the accounting firm would only operate one lane of drive-up service, not two lanes as the bank does now. Ald. Hammann said he foresees drive-up windows everywhere as a future trend and that he will sponsor an ordinance changing the Municipal Code. Mr. Connors said he would draft the ordinance when another alderperson agrees to join Ald. Hammann in sponsoring it.
Preliminary Development Presentations. None.
City Planner’s Report.
Mr. Schwecke provided an update on the situation enforcement of the Municipal Code regarding the property owned by Tom Nonn on Maple St. just north of the intersection with E. Church St.
The commissioners discussed the possibility of enacting design standards for commercial buildings/duplexes/multi-family housing. Mr. Connors suggested this might allow builders to trade off making the buildings themselves more attractive than the minimum design standards in exchange for a reduction in the landscaping requirements, which builders might view positively. The commissioners urged Mr. Schwecke to start the process of developing design guidelines by speaking first with builders and the business community.
Ald. Aikman said that, in the future, she wants to make sure that the conditions the Plan Commission places on approvals are worded tightly enough that builders will be required to construct buildings that actually look like the pretty pictures they show the Plan Commission when they are requesting approvals.
Sandy Decker, chair of the Historic Preservation Commission, distributed a copy of proposed design standards for the HPC to apply to properties in the historic district for review and comment. The HPC presently has design guidelines only for residential properties in the historic district. It is possible there will be different design standards for commercial buildings inside and outside the historic district. Ald. Hammann suggested that the HPC hire an architect to assist with developing the commercial design standards in the historic district. There was no consensus on this suggestion.
Mr. Schwecke and Mr. Connors will meet with builders and the business community about design standards for commercial buildings outside the historic district.
Report of the Evansville Redevelopment Authority.
Mr. Connors reported that the attempt to negotiate a redevelopment agreement with a developer for the roller rink site at the northeast corner of E. Main St. and Railroad St. was unsuccessful. He said it was his understanding that the roller rink building has been sold to a local church to use as a youth center, and thus this site would not be available for redevelopment indefinitely.
Motion by Hammann, seconded by Skinner, to adjourn. Motion passed. The meeting adjourned at 8:30 PM.
Prepared by:
William E. Connors
City Administrator
The Minutes of the Plan Commission are not official until approved by the Plan Commission.
Regular Meeting
Monday, June 6, 2005, 6:00 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald, Hammann, Messrs. Sauer, Skinner, and Vrstal. Ms. Dickert was absent. Staff present: Tim Schwecke, City Planner, and Bill Connors, City Administrator. Also present in the audience were Ald. Cothard and Ald. Sornson.
The Agenda was approved as printed.
Motion by Hammann, seconded by Skinner, to waive the reading of the May 2, 2005, Minutes and approve them as printed. Motion carried.
Citizen appearances other than agenda items listed. None.
Unfinished Business.
The commissioners reviewed a draft ordinance permitting sidewalk cafés in the B-2 district, which was prepared by Mr. Schwecke. The maximum allowed table size was specifically addressed. Ald. Hammann and Ald. Aikman agreed to sponsor the ordinance as drafted. Staff will check current sidewalk widths.
The commissioners reviewed a revised draft of an ordinance that would comprehensively revise the subdivision chapter of the Municipal Code, which was prepared by Mr. Connors with assistance from Mr. Schwecke. Mr. Sauer suggested that the new ordinance incorporate Rock County’s ordinances on storm water management and erosion control. There was general support for this idea. Ald. Hammann suggested some revisions and indicated he would sponsor the ordinance. Ald. Aikman indicated she also would review the ordinance. Mr. Sauer and Ron Combs, Combs & Associates, said they would review and comment on the second revised draft.
The commissioners reviewed a draft ordinance clarifying the existing sign regulations, which was prepared by Mr. Connors. Mr. Connors said the purpose of this ordinance was not to change anything, but to make the text clearer so that the sign regulations would be interpreted in the future consistent with how city staff currently interprets the regulations. There was discussion of the regulation of sandwich board signs placed on sidewalks in the B-2 district. It was suggested that during construction projects, businesses negatively impacted by the construction should be allowed to place sandwich board signs in a designated location or locations away from their businesses to direct customers to them. Mr. Connors recommended that sandwich board signs be addressed by a separate ordinance. Ald. Hammann and Ald. Cothard indicated they would sponsor an ordinance regarding sandwich board signs. Ald. Hammann and Ald. Aikman indicated they would sponsor the ordinance clarifying the existing sign regulations.
Mr. Connors updated the commissioners about issues that had arisen with Francois Oil’s new gas station/convenience store/Subway restaurant project at the northeast corner of E. Main St. and Union St. City staff discovered that part of the site for this project inadvertently had not been rezoned to B-3. Francois Oil’s rezoning application had only covered the full lot it purchased. Later, Francois Oil expanded the site to include, in addition, the west 20 feet of the lot immediately to the east, and this 20-foot strip of land still is zoned R-1. Francois Oil will submit an application to rezone this 20-foot strip to B-3. In addition, city staff discovered that the required buffer yard along the east edge of the site was not 20 yards wide, as required by the Municipal Code. Francois Oil also owns the parcel immediately to the east and will record a landscaping easement on that parcel to bring the width of the bufferyard to 20 feet. This will necessitate removing an existing garage on this adjacent parcel.
New Business.
Motion by Hammann, seconded by Sauer, to recommend to Council adoption of Ordinance #2005-12, annexing Rachel Elmer’s property. Ron Combs gave an overview of the proposed residential subdivision development on behalf of the developers, Evansville Development, Inc. Roger Berg, one of the developers, reported that the state Department of Administration had overruled an objection to the annexation made by the Town of Union. He said the annexation does not include the strips of land in between the lots along CTH M that were created by certified survey maps, and that if they acquire the property from Ms. Elmer, they will give or sell those strips of land to the owners of the CSM parcels. The commissioners discussed whether the annexation would create any town islands, and were informed it would not, because all of the parcels on USH 14 and CTH M that still are in the township would remain connected to the rest of the township by parts of the USH 14 and CTH M right of ways that remain in the Town of Union.
Mr. Hammann discussed Mr. Connors’s memorandum, dated June 1, 2005, in which Mr. Connors discussed a proposal by Evansville Development, Inc. to manage the rate of residential grown even if the city agreed to let development go forward on Capstone Ridge, Westfield Meadows, Grand Orchard Estates (Ms. Elmer’s property), and land currently owned by Larson Acres Farm north of Porter Road and west of the Berg, Woodworth & Petterson Subdivision. Mr. Connors’s memo included a spreadsheet that provided an example of how this growth management proposal could work. Mr. Skinner asked what would happen if the city approved all four of these subdivisions and another developer came forward with another subdivision during the next 10 or 11 years. Mr. Connors responded under those circumstances, the city could not approve the additional subdivision unless it would give up on the idea of trying to keep the rate of population growth to no more than 27% over 10 years. Mayor Ringhand commented that the proposed Grand Orchard Estates Subdivision on Ms. Elmer’s land is the only “new” subdivision in this equation, because even the potential subdivision on the Larson Acres Farm land was contemplated at the time that the final land divider’s agreement for the Berg, Woodworth & Petterson Subdivision was negotiated. Ald. Hammann said he supported the suggestion in Mr. Connors’s memo that additional housing units created by downtown redevelopment and in-fill should be excluded when attempting to keep the population growth rate to 27% over 10 years. Ald. Aikman asked why Mr. Connors memo did not include the impact of building on vacant lots in previously approved residential subdivisions, such as the Berg, Woodworth & Petterson Subdivision. Mr. Connors conceded this was an oversimplification, but Mr. Combs and others argued the impact of the homes that will be built on those lots on the overall analysis would not be significant. Also, the estimate in the analysis of 175 lots on the Larson Acres Farm land might be high. There was discussion of the issues raised in Mr. Connors’s memo, dated June 1, 2005, about issues raised by the proposed annexation of Ms. Elmer’s land. Finally, there was discussion of the proposed rezoning of the lots in the proposed subdivision. This issue will come before the Plan Commission in July, if the Council grants annexation. The developers are no longer seeking to include in this subdivision any single-family lots for houses smaller than 1,450 square feet total on the first floor and above.
The original motion passed.
Mayor Ringhand opened the public hearing on Ordinance #2005-13, rezoning Rachel Elmer’s property from A-1 Town of Union to A-1 City of Evansville, at 7:15 PM. Mark Schnepper, 547 S. 6th St., said he is okay with the annexation, as long as the limits on population growth are enforceable. Roger Berg responded that the limits on development of lots would be included in final land divider’s agreements. Becky Imhoff, 7600 N. CTH M, the house north of the Red Barn Restaurant, said annexation of her property would not be in her best interest, and she is concerned about the noise of construction in her back yard. Lou Rinehardt, 7605 N. Orchard View Dr., said this would increase traffic in the Morningridge Subdivision in the Town of Union, making it less safe for children. Bonnie Luchsinger, 7716 N. CTH M, said she and her husband might want to come forward with a proposal to subdivide their property, located immediately to the north of Ms. Elmer’s property, within the next 10 years. Therefore, they oppose the proposed limits on growth. Their property is marked for rural residential development on the future land use map of the proposed City of Evansville Smart Growth Comprehensive Plan. Mayor Ringhand closed the public hearing at 7:22 PM.
Motion by Hammann, seconded by Sauer, to recommend to the Common Council a zoning change for the subject property from Agricultural District One (A-1) Town of Union to Agricultural District One (A-1) City of Evansville contingent on annexation of the parcel and based on the findings contained in the staff report and on the conclusion that the public benefits of the proposed zoning classification outweigh any an all potential adverse impacts, if any. Motion passed.
Motion by Hammann, seconded by Sauer, to recommend to Council approval of the preliminary land divider’s agreement with Evansville Development, Inc. for Grand Orchard Estates. Motion passed.
Motion by Hammann, seconded by Vrstal, to recommend to Council adoption of Ordinance #2005-14, amending the Municipal Code relative to outdoor seating for restaurants and taverns.
Mayor Ringhand opened the public hearing at 7:32 PM. There were no comments from the public. Mayor Ringhand closed the public hearing at 7:33 PM.
Motion passed.
The commissioners discussed whether the Municipal Code should be amended to permit drive-through windows (in addition to drive-up financial institutions) in the B-2 district. Roger Roth, Roth Accounting, 8 S. Madison St., said his business intends to purchase the current Bank of Evansville building, and since the drive-through window for the bank has never been a problem, he wonders why his accounting business should be prohibited from using it. Dave Hamby, 8 S. Madison St., said there would be less traffic volume using the drive-up window for the accounting firm than for the bank. It will be convenient for businesses for which the accounting firm does their payrolls. He said he thinks this will be the first accounting firm with a drive-up window in the state, which might get some press for Evansville. Nicole Hamby, 8 S. Madison St., said the accounting firm would only operate one lane of drive-up service, not two lanes as the bank does now. Ald. Hammann said he foresees drive-up windows everywhere as a future trend and that he will sponsor an ordinance changing the Municipal Code. Mr. Connors said he would draft the ordinance when another alderperson agrees to join Ald. Hammann in sponsoring it.
Preliminary Development Presentations. None.
City Planner’s Report.
Mr. Schwecke provided an update on the situation enforcement of the Municipal Code regarding the property owned by Tom Nonn on Maple St. just north of the intersection with E. Church St.
The commissioners discussed the possibility of enacting design standards for commercial buildings/duplexes/multi-family housing. Mr. Connors suggested this might allow builders to trade off making the buildings themselves more attractive than the minimum design standards in exchange for a reduction in the landscaping requirements, which builders might view positively. The commissioners urged Mr. Schwecke to start the process of developing design guidelines by speaking first with builders and the business community.
Ald. Aikman said that, in the future, she wants to make sure that the conditions the Plan Commission places on approvals are worded tightly enough that builders will be required to construct buildings that actually look like the pretty pictures they show the Plan Commission when they are requesting approvals.
Sandy Decker, chair of the Historic Preservation Commission, distributed a copy of proposed design standards for the HPC to apply to properties in the historic district for review and comment. The HPC presently has design guidelines only for residential properties in the historic district. It is possible there will be different design standards for commercial buildings inside and outside the historic district. Ald. Hammann suggested that the HPC hire an architect to assist with developing the commercial design standards in the historic district. There was no consensus on this suggestion.
Mr. Schwecke and Mr. Connors will meet with builders and the business community about design standards for commercial buildings outside the historic district.
Report of the Evansville Redevelopment Authority.
Mr. Connors reported that the attempt to negotiate a redevelopment agreement with a developer for the roller rink site at the northeast corner of E. Main St. and Railroad St. was unsuccessful. He said it was his understanding that the roller rink building has been sold to a local church to use as a youth center, and thus this site would not be available for redevelopment indefinitely.
Motion by Hammann, seconded by Skinner, to adjourn. Motion passed. The meeting adjourned at 8:30 PM.
Prepared by:
William E. Connors
City Administrator
The Minutes of the Plan Commission are not official until approved by the Plan Commission.
Monday, May 2, 2005
Minutes: Evansville Plan: May 2, 2005
Evansville Plan Commission
Regular Meeting
Monday, May 2, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:02 p.m. Present were: Mayor Ringhand, Ald. Aikman, Ald Hammann, Mr. Sauer, Mr. Vrstal, and Ms. Dickert. Mr. Skinner arrived at 6:03 p.m. Staff present: Tim Schwecke, City Planner and Sandra Hart, City Clerk/Treasurer. Bill Connors, City Administrator, arrived at 6:03 p.m. Also present in the audience were Ald. Cothard and Ald. Sornson.
The Agenda was approved as printed.
Motion by Hammann, seconded by Sauer, to waive the reading of the April 2, 2005 Minutes and approve them as printed. Motion carried.
Citizen appearances other than agenda items listed. None.
Unfinished Business.
Motion by Hammann, seconded by Vrstal, to remove from the table a motion to recommend to the Common Council the adoption of Ordinance #2004-19 that would rezone land within Capstone Ridge Subdivision. Motion to remove from the table carried. Motion by Hammann, seconded by Vrstal, to amend the Ordinance to delete Lot 69 from line 35 and insert Lot 69 in line 30. Motion carried. The original motion, as amended, carried.
Motion by Hammann, seconded by Vrstal, to recommend to Common Council approval of Final Land Divider’s Agreement for Capstone Ridge Subdivision. The Plan Commission instructed Mr. Connors to revise the provisions about the stormwater overflow pipe to say it must be completed no later than October 2007 unless 2/3 of the lots in phases 1 and 2 are not built out with homes.
Ald. Hammann discussed controlling the planned rate of growth as Smart Growth recommends. We are not the only community attempting to control growth. His question was does the City manage the growth or let the housing market manage the growth. He proposes to manage the City’s growth by working with the key developers with a combination of phasing and limiting the number of lots available for sale within a base. Some of this work has been done already. He would like to have the developers of Westfield Meadows, Capstone Ridge, Grand Orchard View Estates, and others stretch out the development time horizon by 25% through a combination of phases and number of lots for sale as soon as possible. He would like the growth rate for the next ten years to be the same as during the 1990s.
Plan Commission
Page 2
May 2, 2005
Mr. Vrstal said the time of this request is poor. All the developments have been planned and approved by the City and it is too late to ask them to change now. Ald. Hammann said this is only a suggestion on his part and it is not mandatory. The motion to recommend to Council approval of the final land divider’s agreement carried.
Motion by Hammann, seconded by Sauer, to recommend to Common Council approval of the final plat for Capstone Ridge Subdivision. The Committee discussed eliminating the bike path between lots 27 and 28 as it ends in the Town of Union. Currently the Town has no plans to extend the bike path from where it ends at the city limits into the township. Originally, this outlot was set aside as a future road. The final plat does not contain a road that would connect with this outlot. Mr. Schneider, Town Chair, said the Town can vacate the outlot and the property owners on both sides of the outlot receive one-half of the property. Ald. Aikman suggested this was a town issue as to extending the bike path or vacating the outlet. Mr. Connors said the City could deny approval of vacating the outlot for the future road, a term which includes a bicycle path, under the City’s power to approve or not approve extraterritorial plats.
Motion by Hammann, seconded by Vrstal, to amend the final plat to keep the bike path between lots 27 and 28 in the plat as a grassy area and not pave it. Amendment approved. The original motion, as amended, carried.
Mr. Sauer discussed the lighting plan for Citgo QuickMart and Subway Restaurant at the northeast corner of Union Street and East Main Street. He said the lighting plan submitted was acceptable. One of the items of concern when originally discussed was the hours of operation and how that affects the canopy lights. Those lights will be on during the hours of operation from 5 am to 11 pm. After the hours of operation, the lighting goes down to 3 or 4 canopy lights. The Commissioners agreed with the hours of operation and lighting.
The agenda included an update on potential sign code amendments to clarify status of nonconforming signs with a change in use. Mr. Connors said he had nothing to report on at this time, as he was waiting to hear from the City Attorney. Mr. Vrstal asked what the City’s position was while waiting to hear from the City Attorney. Mr. Connors said the City’s position is that a sign loses its legal, non-conforming status when the business terminates, not six months later.
New Business.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-8 that would rezone the land within Westfield Meadows Subdivision.
Mayor Ringhand opened the public hearing at 8:08 p.m.
Plan Commission
Page 3
May 2, 2005
Ron Combs, surveyor for the developer, said the only change to the map was the reconfiguration of the retention pond. He reviewed the different zonings in the subdivision. Mark Painter, engineer from Fahr, Graham Associates, provided detailed information regarding the stormwater retention plan for this subdivision including a large detention pond north of the subdivision, and how it will assist in the stormwater drainage of the existing homes in this area.
Matt Gaboda, 552 South 6th Street, asked if there were any grading shots done to the subdivision to the east to know where the stormwater is flowing versus where it is suppose to flow in anticipation of where it will go in the detention pond. Mr. Painter answered that the entire site was shot as far as north of Porter Road and there are existing shots along Sixth Street and Emmanual Court and the stormwater is draining down to the proposed basin. They have also completed a field survey.
Hans Voit, 618 Emmanuel Court, said if the plans call for raised lots on Prairie View Drive and fill it in, he will have worse flooding than he already has. The rain comes within a foot of the windows in his basement. His yard slopes down and any water coming down the ditch will actually push more water onto his lot. Mr. Combs said the water will be stopped to the north and water will not get to his lot and this proposal should improve his situation.
Nancy Brooks, 563 South 6th Street, asked if the current ditch along the west side has the capacity to drain the box culvert. Mr. Painter said he did not have information to answer to this specific question.
Kevin Breibe, 595 South 6th Street, inquired how widening the creek will affect the flooding over of a narrow strip of farmland and flooding his land. Mr. Combs said the flow rate has been reduced for the entire project. No water from this project can get into the pond Mr. Breibe is talking about.
Roger Berg, Ron Road, said they have been working on this project for over a year and a lot of studies have been done. There are not simple solutions to drainage problems. His goal was to make the situation better, not only for this project, but for a larger area. Hundreds of acres were studied to gather knowledge on how handle the stormwater.
Mark Schnepper, 547 South 6th Street, asked if the project would wait until it is approved by the DNR. Mr. Berg said they have met with the DNR and included them in the loop since the start. In order to keep the builders in line with the developers who sign the land dividers agreement, there will be restrictions on basements in certain areas. It will be part of the covenants and recorded with the plat. Mr. Sauer said the City will put on each one of the lots a minimum opening for a basement window and list out those lots that should and should not have basements because of groundwater.
Plan Commission
Page 4
May 2, 2005
Matt Gaboda, 552 South 6th Street, opposes the rezoning. This land should remain zoned agriculture. The City is growing too fast and this subdivision is not needed at this time. He asked that it be tabled until there is a need. The extra time would also give time to see how the stormwater diversion is working. He also would like an independent, unaffiliated party that would enforce the standards set up. It is up to the Plan Commission and Council to make sure the violations do not happen. Covenants are only as good as they are enforced.
Nancy Brooks. 563 South 6th Street, asked about what happens to the stormwater after it goes under the bridge at Croft Road where it has not been widened. Mr. Sauer said the area after Croft Road has more slope and can handle more water. Mrs. Brooks asked that the water remedies occur before any development begins. It has taken a year to regrade the swale behind her house.
Scott Eftomoff, 345 Evans Drive, said he would like to see the grading down first and to put the development on hold. This seems like this is a done deal to proceed. He would like to address the lot size and house minimum size. He questioned building additional smaller homes. Mr. Berg said this was a balance formulated through Smart Growth to provide an equal opportunity for all people. This will become a lifelong neighborhood containing starter homes, upgraded housing, rentals, condominiums, and senior housing. There is a neighborhood friendly commercial zoning in this area for the west end of the City. There are two roundabouts to slow down the traffic.
Kris Chilson, 16126 W. Croft Road, asked if the drainage ditch widening is completed. Mr. Sauer said it is not completed yet and the existing piles of dirt currently there will be spread out later this year.
Bob McCallister, 228 W. Main Street, appreciated everything the City went through with Smart Growth and believes the City is currently in a “ying” and “yang” stage right now. He moved here because of the small town atmosphere and the historic district. He read from page 160 of the Smart Growth plan discussing an atmosphere that people value and consideration of young families. It seems that the Westfield Meadows doesn’t appear to go along with a lot of things in the Smart Growth ideas. While it is not urban sprawl, it is sprawl. The downtown and historic district are the heart and soul of the City. He worries that the downtown artery will be getting clogged with the traffic from the western growth area. He asks that Plan Commission do manage growth by limiting the number of lots for the benefit of the majority and consider making Westfield Meadows a lower priority. He requested that the City not approve sidewalks on both sides of the street. He applauds the new urbanism design and traditional neighborhood design methods discussed in Smart Growth. He hopes that alternative routes for traffic will be created to not clog up West Main Street.
Plan Commission
Page 5
May 2, 2005
Matt Gaboda said a study needs to be done regarding how this subdivision will affect the schools, infrastructure, taxes, police and EMS. The citizens that come to these meetings have the cards in their hands and the Plan Commission and Council need to listen to what they are saying. This is what elected leadership and democracy is about.
The public hearing closed at 9:02 p.m.
The Commissioners discussed the issue at length particularly as it pertained to drainage.
Motion by Hammann, seconded by Skinner, to amend the motion to rezone the greenways from A-1 to C-1, as this was omitted in the ordinance. Amendment passed. The original motion was approved as amended.
The Mayor recessed the meeting for 5 minutes.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-9 that would revise front yard setbacks.
The public hearing opened at 9:25 p.m. No one spoke to the issue. The public hearing closed at 9:26 p.m. Motion carried.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #20051-10 regarding the provision of sidewalks.
Mayor Ringhand opened the public hearing at 9:33 p.m.
Roger Berg asked what other communities are doing regarding this issue. Mr. Sauer said sidewalks are in a state of flux. In most communities, it is required on both side of the downtown and urban areas, but only on one side in suburban areas.
Tom Cothard said this would be an additional expense to the builders and home buyers.
John Sornson would like to see sidewalks on both sides of the street throughout the city. This is a walking community.
Ald. Hammann asked what were the results on this question in the Smart Growth survey. Mr. Connors replied 50 – 50.
The public hearing closed at 9:26 p.m.
Motion by Vrstal, seconded by Skinner, to amend the motion to have SECTION 1, (g), 3. read: “Poured concrete over a six-inch granular base.” Amendment carried.
Plan Commission
Page 6
May 2, 2005
Ald. Hammann requested a roll call vote. The motion failed on the following vote: yes: Dickert, Aikman, Skinner; no: Hammann, Sauer, Vrstal, and Ringhand.
Mr. Schwecke said he received a phone call from a business requesting outdoor seating for a restaurant in B-2 zoning. Currently, there is not a provision for outdoor seating in B-2 or any other commercial district. He recommends that the Municipal Code be amended to allow outdoor seating in B-2 zoning through a conditional use permit. The Commissioners requested an amendment be drafted and Hammann and Aikman agreed to so-sponsor it. Mr. Skinner asked that it be allowed in all business-zoned districts as a conditional use.
Mr. Connors discussed drafting an ordinance revising the subdivision chapter of the Evansville Municipal Code. This was at Ald. Hammann’s request to get subdivision approval routed before the Public Works Committee. This would provide staff the opportunity to thoroughly review all aspects of the subdivision at committee level and it could also include a time schedule. The Commissioners agreed. Mr. Connors said he had received numerous suggestions from Mr. Schwecke and would present a revised draft next month.
Preliminary Development Presentations. None.
City Planner’s Report.
Mr. Schwecke reported that he had revised the application forms and developed a database to keep track of development applications.
Report of the Evansville Redevelopment Authority. None.
Motion by Hammann, seconded by Sauer, to adjourn the meeting at 10:30 p.m. Motion carried.
Prepared by:
Sandra Hart, City Clerk
The Minutes are not official until approved by Plan Commission.
Regular Meeting
Monday, May 2, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:02 p.m. Present were: Mayor Ringhand, Ald. Aikman, Ald Hammann, Mr. Sauer, Mr. Vrstal, and Ms. Dickert. Mr. Skinner arrived at 6:03 p.m. Staff present: Tim Schwecke, City Planner and Sandra Hart, City Clerk/Treasurer. Bill Connors, City Administrator, arrived at 6:03 p.m. Also present in the audience were Ald. Cothard and Ald. Sornson.
The Agenda was approved as printed.
Motion by Hammann, seconded by Sauer, to waive the reading of the April 2, 2005 Minutes and approve them as printed. Motion carried.
Citizen appearances other than agenda items listed. None.
Unfinished Business.
Motion by Hammann, seconded by Vrstal, to remove from the table a motion to recommend to the Common Council the adoption of Ordinance #2004-19 that would rezone land within Capstone Ridge Subdivision. Motion to remove from the table carried. Motion by Hammann, seconded by Vrstal, to amend the Ordinance to delete Lot 69 from line 35 and insert Lot 69 in line 30. Motion carried. The original motion, as amended, carried.
Motion by Hammann, seconded by Vrstal, to recommend to Common Council approval of Final Land Divider’s Agreement for Capstone Ridge Subdivision. The Plan Commission instructed Mr. Connors to revise the provisions about the stormwater overflow pipe to say it must be completed no later than October 2007 unless 2/3 of the lots in phases 1 and 2 are not built out with homes.
Ald. Hammann discussed controlling the planned rate of growth as Smart Growth recommends. We are not the only community attempting to control growth. His question was does the City manage the growth or let the housing market manage the growth. He proposes to manage the City’s growth by working with the key developers with a combination of phasing and limiting the number of lots available for sale within a base. Some of this work has been done already. He would like to have the developers of Westfield Meadows, Capstone Ridge, Grand Orchard View Estates, and others stretch out the development time horizon by 25% through a combination of phases and number of lots for sale as soon as possible. He would like the growth rate for the next ten years to be the same as during the 1990s.
Plan Commission
Page 2
May 2, 2005
Mr. Vrstal said the time of this request is poor. All the developments have been planned and approved by the City and it is too late to ask them to change now. Ald. Hammann said this is only a suggestion on his part and it is not mandatory. The motion to recommend to Council approval of the final land divider’s agreement carried.
Motion by Hammann, seconded by Sauer, to recommend to Common Council approval of the final plat for Capstone Ridge Subdivision. The Committee discussed eliminating the bike path between lots 27 and 28 as it ends in the Town of Union. Currently the Town has no plans to extend the bike path from where it ends at the city limits into the township. Originally, this outlot was set aside as a future road. The final plat does not contain a road that would connect with this outlot. Mr. Schneider, Town Chair, said the Town can vacate the outlot and the property owners on both sides of the outlot receive one-half of the property. Ald. Aikman suggested this was a town issue as to extending the bike path or vacating the outlet. Mr. Connors said the City could deny approval of vacating the outlot for the future road, a term which includes a bicycle path, under the City’s power to approve or not approve extraterritorial plats.
Motion by Hammann, seconded by Vrstal, to amend the final plat to keep the bike path between lots 27 and 28 in the plat as a grassy area and not pave it. Amendment approved. The original motion, as amended, carried.
Mr. Sauer discussed the lighting plan for Citgo QuickMart and Subway Restaurant at the northeast corner of Union Street and East Main Street. He said the lighting plan submitted was acceptable. One of the items of concern when originally discussed was the hours of operation and how that affects the canopy lights. Those lights will be on during the hours of operation from 5 am to 11 pm. After the hours of operation, the lighting goes down to 3 or 4 canopy lights. The Commissioners agreed with the hours of operation and lighting.
The agenda included an update on potential sign code amendments to clarify status of nonconforming signs with a change in use. Mr. Connors said he had nothing to report on at this time, as he was waiting to hear from the City Attorney. Mr. Vrstal asked what the City’s position was while waiting to hear from the City Attorney. Mr. Connors said the City’s position is that a sign loses its legal, non-conforming status when the business terminates, not six months later.
New Business.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-8 that would rezone the land within Westfield Meadows Subdivision.
Mayor Ringhand opened the public hearing at 8:08 p.m.
Plan Commission
Page 3
May 2, 2005
Ron Combs, surveyor for the developer, said the only change to the map was the reconfiguration of the retention pond. He reviewed the different zonings in the subdivision. Mark Painter, engineer from Fahr, Graham Associates, provided detailed information regarding the stormwater retention plan for this subdivision including a large detention pond north of the subdivision, and how it will assist in the stormwater drainage of the existing homes in this area.
Matt Gaboda, 552 South 6th Street, asked if there were any grading shots done to the subdivision to the east to know where the stormwater is flowing versus where it is suppose to flow in anticipation of where it will go in the detention pond. Mr. Painter answered that the entire site was shot as far as north of Porter Road and there are existing shots along Sixth Street and Emmanual Court and the stormwater is draining down to the proposed basin. They have also completed a field survey.
Hans Voit, 618 Emmanuel Court, said if the plans call for raised lots on Prairie View Drive and fill it in, he will have worse flooding than he already has. The rain comes within a foot of the windows in his basement. His yard slopes down and any water coming down the ditch will actually push more water onto his lot. Mr. Combs said the water will be stopped to the north and water will not get to his lot and this proposal should improve his situation.
Nancy Brooks, 563 South 6th Street, asked if the current ditch along the west side has the capacity to drain the box culvert. Mr. Painter said he did not have information to answer to this specific question.
Kevin Breibe, 595 South 6th Street, inquired how widening the creek will affect the flooding over of a narrow strip of farmland and flooding his land. Mr. Combs said the flow rate has been reduced for the entire project. No water from this project can get into the pond Mr. Breibe is talking about.
Roger Berg, Ron Road, said they have been working on this project for over a year and a lot of studies have been done. There are not simple solutions to drainage problems. His goal was to make the situation better, not only for this project, but for a larger area. Hundreds of acres were studied to gather knowledge on how handle the stormwater.
Mark Schnepper, 547 South 6th Street, asked if the project would wait until it is approved by the DNR. Mr. Berg said they have met with the DNR and included them in the loop since the start. In order to keep the builders in line with the developers who sign the land dividers agreement, there will be restrictions on basements in certain areas. It will be part of the covenants and recorded with the plat. Mr. Sauer said the City will put on each one of the lots a minimum opening for a basement window and list out those lots that should and should not have basements because of groundwater.
Plan Commission
Page 4
May 2, 2005
Matt Gaboda, 552 South 6th Street, opposes the rezoning. This land should remain zoned agriculture. The City is growing too fast and this subdivision is not needed at this time. He asked that it be tabled until there is a need. The extra time would also give time to see how the stormwater diversion is working. He also would like an independent, unaffiliated party that would enforce the standards set up. It is up to the Plan Commission and Council to make sure the violations do not happen. Covenants are only as good as they are enforced.
Nancy Brooks. 563 South 6th Street, asked about what happens to the stormwater after it goes under the bridge at Croft Road where it has not been widened. Mr. Sauer said the area after Croft Road has more slope and can handle more water. Mrs. Brooks asked that the water remedies occur before any development begins. It has taken a year to regrade the swale behind her house.
Scott Eftomoff, 345 Evans Drive, said he would like to see the grading down first and to put the development on hold. This seems like this is a done deal to proceed. He would like to address the lot size and house minimum size. He questioned building additional smaller homes. Mr. Berg said this was a balance formulated through Smart Growth to provide an equal opportunity for all people. This will become a lifelong neighborhood containing starter homes, upgraded housing, rentals, condominiums, and senior housing. There is a neighborhood friendly commercial zoning in this area for the west end of the City. There are two roundabouts to slow down the traffic.
Kris Chilson, 16126 W. Croft Road, asked if the drainage ditch widening is completed. Mr. Sauer said it is not completed yet and the existing piles of dirt currently there will be spread out later this year.
Bob McCallister, 228 W. Main Street, appreciated everything the City went through with Smart Growth and believes the City is currently in a “ying” and “yang” stage right now. He moved here because of the small town atmosphere and the historic district. He read from page 160 of the Smart Growth plan discussing an atmosphere that people value and consideration of young families. It seems that the Westfield Meadows doesn’t appear to go along with a lot of things in the Smart Growth ideas. While it is not urban sprawl, it is sprawl. The downtown and historic district are the heart and soul of the City. He worries that the downtown artery will be getting clogged with the traffic from the western growth area. He asks that Plan Commission do manage growth by limiting the number of lots for the benefit of the majority and consider making Westfield Meadows a lower priority. He requested that the City not approve sidewalks on both sides of the street. He applauds the new urbanism design and traditional neighborhood design methods discussed in Smart Growth. He hopes that alternative routes for traffic will be created to not clog up West Main Street.
Plan Commission
Page 5
May 2, 2005
Matt Gaboda said a study needs to be done regarding how this subdivision will affect the schools, infrastructure, taxes, police and EMS. The citizens that come to these meetings have the cards in their hands and the Plan Commission and Council need to listen to what they are saying. This is what elected leadership and democracy is about.
The public hearing closed at 9:02 p.m.
The Commissioners discussed the issue at length particularly as it pertained to drainage.
Motion by Hammann, seconded by Skinner, to amend the motion to rezone the greenways from A-1 to C-1, as this was omitted in the ordinance. Amendment passed. The original motion was approved as amended.
The Mayor recessed the meeting for 5 minutes.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-9 that would revise front yard setbacks.
The public hearing opened at 9:25 p.m. No one spoke to the issue. The public hearing closed at 9:26 p.m. Motion carried.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #20051-10 regarding the provision of sidewalks.
Mayor Ringhand opened the public hearing at 9:33 p.m.
Roger Berg asked what other communities are doing regarding this issue. Mr. Sauer said sidewalks are in a state of flux. In most communities, it is required on both side of the downtown and urban areas, but only on one side in suburban areas.
Tom Cothard said this would be an additional expense to the builders and home buyers.
John Sornson would like to see sidewalks on both sides of the street throughout the city. This is a walking community.
Ald. Hammann asked what were the results on this question in the Smart Growth survey. Mr. Connors replied 50 – 50.
The public hearing closed at 9:26 p.m.
Motion by Vrstal, seconded by Skinner, to amend the motion to have SECTION 1, (g), 3. read: “Poured concrete over a six-inch granular base.” Amendment carried.
Plan Commission
Page 6
May 2, 2005
Ald. Hammann requested a roll call vote. The motion failed on the following vote: yes: Dickert, Aikman, Skinner; no: Hammann, Sauer, Vrstal, and Ringhand.
Mr. Schwecke said he received a phone call from a business requesting outdoor seating for a restaurant in B-2 zoning. Currently, there is not a provision for outdoor seating in B-2 or any other commercial district. He recommends that the Municipal Code be amended to allow outdoor seating in B-2 zoning through a conditional use permit. The Commissioners requested an amendment be drafted and Hammann and Aikman agreed to so-sponsor it. Mr. Skinner asked that it be allowed in all business-zoned districts as a conditional use.
Mr. Connors discussed drafting an ordinance revising the subdivision chapter of the Evansville Municipal Code. This was at Ald. Hammann’s request to get subdivision approval routed before the Public Works Committee. This would provide staff the opportunity to thoroughly review all aspects of the subdivision at committee level and it could also include a time schedule. The Commissioners agreed. Mr. Connors said he had received numerous suggestions from Mr. Schwecke and would present a revised draft next month.
Preliminary Development Presentations. None.
City Planner’s Report.
Mr. Schwecke reported that he had revised the application forms and developed a database to keep track of development applications.
Report of the Evansville Redevelopment Authority. None.
Motion by Hammann, seconded by Sauer, to adjourn the meeting at 10:30 p.m. Motion carried.
Prepared by:
Sandra Hart, City Clerk
The Minutes are not official until approved by Plan Commission.
Monday, April 4, 2005
Minutes: Evansville Plan: April 4, 2005
Evansville Plan Commission
Regular Meeting
Monday, April 4, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Ald. Hammann at 6:00 p.m. Present were: Ald. Aikman, Ald. Hammann, Messrs. Hurley, Sauer, Skinner, and Vrstal. Absent was Mayor Ringhand. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Sandra Hart, City Clerk. Also present in the audience were Ald. Cothard and Ald. Sornson.
The Agenda was amended by deleting Item 7.C. Preliminary presentation regarding the proposed expansion of Romano’s Restaurant at the request of the applicant. The Agenda was approved as amended.
Motion by Hammann, seconded by Sauer, to waive the reading of the March 1, 2005 Minutes and approve them as printed. Motion carried with Mr. Hurley abstaining.
Citizen appearances other than agenda items listed. None.
Unfinished Business. None.
New Business.
Ron Combs, surveyor, presented a preliminary concept plan for an urban residential subdivision on the Rachel Elmer property on CTH M in the Town of Union. The parcel is approximately 27 acres in size and is planned to have 52 lots ranging in size from 11,500 to 32,000 sq. ft. Mr. Combs distributed a map showing the proposed zoning districts. There will be transitional residential between the commercial and residential areas. Included were 6 duplexes and two 4-units. There is a lift station assessment that will be assigned to this property. Mr. Sauer said the stormwater plan is to store it onsite and make an emergency overflow for the 100-year flood elevation. Sidewalks will be on the south side of the east-west street off of CTH M to match East Countryside Drive. Mr. Combs said the annexation petition will be presented next week to the City, but there is no timeframe for the construction to begin. Daryl Fox, co-owner, said the developers would like to begin construction of the project this year. Roger Berg, co-owner, said this project will be constructed in one phase, with houses being built over the next 1 – 5 years. The larger lots will command larger homes and will be market driven. This type of housing is on the Smart Growth map currently. Ald. Hammann opened the discussion to the public.
Robert Pharo, 7551 N. Orchard View Drive, Town of Union, asked why the lots were not larger to insure larger homes. Mr. Combs answered the lots can be smaller but still accommodate larger homes because they will be on public sewer.
Plan Commission
Page 2
April 4, 2005
Candy Pharo, 7551 N. Orchard View Drive, Town of Union, asked if there will be deed restrictions on the lots to require certain landscaping, minimum size of the homes, and other requirements such as brick. Mr. Berg said there will be deed restrictions, but they have not been prepared as yet.
Kendall Schneider, Town of Union Chairman, inquired about the road elevation and water pressure in this area. Mr. Sauer said those questions will be addressed.
Ald. Hammann thanked everyone for coming and the presentation made.
Motion by Hammann, seconded by Aikman, to approve the certified survey map (CSM) of land at the northeast corner of Union Street and East Main Street for Francois Oil Company. This approval is a condition of the Conditional Use Permit for the Site Plan Approval. Motion carried.
The Commissioners discussed the need to amend the sign ordinance to clarify the status of nonconforming signs with a change of use. Mr. Schwecke said he received a phone call about a non-conforming sign; a business sold its building to a new business and the new business wanted to use the existing sign even though it was a non-conforming sign. Staff needed clarification as to whether when a business terminates if the non-conforming sign also terminates and any new business would need to comply with the ordinance, or, if the non-conforming status remains for a certain period of time such as 6 months. The majority of the Commissioners believe the non-conforming sign terminates with the sale of the business. The ordinance language should be changed for clarification. Mr. Connors will contact the City’s legal counsel to discuss the language change.
The Commissioners discussed the draft of the Final Land Divider’s Agreement with Saviour Development LLC regarding Capstone Ridge Subdivision. Mr. Connors said the purpose of the final agreement is to specify what the City and the developers are going to do in detail. Any changes should be discussed now. Dennis Biddick, KD Engineering, described the first two phases of the development. Dan Gildner, developer, and Mr. Biddick confirmed with Mr. Sauer that the construction drawings will be completed by the week of April 11 to give Mr. Sauer time to review the drawings so approval of the Final Plat and Final Land Divider’s Agreement can be placed on the May Plan Commission Agenda.
City Planner’s Report.
Mr. Schwecke made alterations to the various forms for variances, conditional use permits, and rezonings to include information from the Municipal Code. The forms have become more detailed and he offered to assist any applicant in completing the form. The new forms looked acceptable to the Commissioners, but they suggested Mr. Schwecke might want to review them with the local surveyors for their comments.
Plan Commission
Page 3
April 4, 2005
Report of the Smart Growth Planning Committee.
This item will be removed from future agendas as the Smart Growth Planning Committee completed its work months ago. Mr. Connors reminded everyone about the special Plan Commission meeting on April 14 at which the Plan Commission will hold a public “listening session” about the draft new comprehensive plan.
Report of the Evansville Redevelopment Authority. None.
Motion by Hammann, seconded by Sauer, to adjourn at 8:22 p.m. Motion carried.
Prepared by:
Sandra Hart, City Clerk
The Minutes are not official until approved by the Plan Commission.
Regular Meeting
Monday, April 4, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Ald. Hammann at 6:00 p.m. Present were: Ald. Aikman, Ald. Hammann, Messrs. Hurley, Sauer, Skinner, and Vrstal. Absent was Mayor Ringhand. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Sandra Hart, City Clerk. Also present in the audience were Ald. Cothard and Ald. Sornson.
The Agenda was amended by deleting Item 7.C. Preliminary presentation regarding the proposed expansion of Romano’s Restaurant at the request of the applicant. The Agenda was approved as amended.
Motion by Hammann, seconded by Sauer, to waive the reading of the March 1, 2005 Minutes and approve them as printed. Motion carried with Mr. Hurley abstaining.
Citizen appearances other than agenda items listed. None.
Unfinished Business. None.
New Business.
Ron Combs, surveyor, presented a preliminary concept plan for an urban residential subdivision on the Rachel Elmer property on CTH M in the Town of Union. The parcel is approximately 27 acres in size and is planned to have 52 lots ranging in size from 11,500 to 32,000 sq. ft. Mr. Combs distributed a map showing the proposed zoning districts. There will be transitional residential between the commercial and residential areas. Included were 6 duplexes and two 4-units. There is a lift station assessment that will be assigned to this property. Mr. Sauer said the stormwater plan is to store it onsite and make an emergency overflow for the 100-year flood elevation. Sidewalks will be on the south side of the east-west street off of CTH M to match East Countryside Drive. Mr. Combs said the annexation petition will be presented next week to the City, but there is no timeframe for the construction to begin. Daryl Fox, co-owner, said the developers would like to begin construction of the project this year. Roger Berg, co-owner, said this project will be constructed in one phase, with houses being built over the next 1 – 5 years. The larger lots will command larger homes and will be market driven. This type of housing is on the Smart Growth map currently. Ald. Hammann opened the discussion to the public.
Robert Pharo, 7551 N. Orchard View Drive, Town of Union, asked why the lots were not larger to insure larger homes. Mr. Combs answered the lots can be smaller but still accommodate larger homes because they will be on public sewer.
Plan Commission
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April 4, 2005
Candy Pharo, 7551 N. Orchard View Drive, Town of Union, asked if there will be deed restrictions on the lots to require certain landscaping, minimum size of the homes, and other requirements such as brick. Mr. Berg said there will be deed restrictions, but they have not been prepared as yet.
Kendall Schneider, Town of Union Chairman, inquired about the road elevation and water pressure in this area. Mr. Sauer said those questions will be addressed.
Ald. Hammann thanked everyone for coming and the presentation made.
Motion by Hammann, seconded by Aikman, to approve the certified survey map (CSM) of land at the northeast corner of Union Street and East Main Street for Francois Oil Company. This approval is a condition of the Conditional Use Permit for the Site Plan Approval. Motion carried.
The Commissioners discussed the need to amend the sign ordinance to clarify the status of nonconforming signs with a change of use. Mr. Schwecke said he received a phone call about a non-conforming sign; a business sold its building to a new business and the new business wanted to use the existing sign even though it was a non-conforming sign. Staff needed clarification as to whether when a business terminates if the non-conforming sign also terminates and any new business would need to comply with the ordinance, or, if the non-conforming status remains for a certain period of time such as 6 months. The majority of the Commissioners believe the non-conforming sign terminates with the sale of the business. The ordinance language should be changed for clarification. Mr. Connors will contact the City’s legal counsel to discuss the language change.
The Commissioners discussed the draft of the Final Land Divider’s Agreement with Saviour Development LLC regarding Capstone Ridge Subdivision. Mr. Connors said the purpose of the final agreement is to specify what the City and the developers are going to do in detail. Any changes should be discussed now. Dennis Biddick, KD Engineering, described the first two phases of the development. Dan Gildner, developer, and Mr. Biddick confirmed with Mr. Sauer that the construction drawings will be completed by the week of April 11 to give Mr. Sauer time to review the drawings so approval of the Final Plat and Final Land Divider’s Agreement can be placed on the May Plan Commission Agenda.
City Planner’s Report.
Mr. Schwecke made alterations to the various forms for variances, conditional use permits, and rezonings to include information from the Municipal Code. The forms have become more detailed and he offered to assist any applicant in completing the form. The new forms looked acceptable to the Commissioners, but they suggested Mr. Schwecke might want to review them with the local surveyors for their comments.
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April 4, 2005
Report of the Smart Growth Planning Committee.
This item will be removed from future agendas as the Smart Growth Planning Committee completed its work months ago. Mr. Connors reminded everyone about the special Plan Commission meeting on April 14 at which the Plan Commission will hold a public “listening session” about the draft new comprehensive plan.
Report of the Evansville Redevelopment Authority. None.
Motion by Hammann, seconded by Sauer, to adjourn at 8:22 p.m. Motion carried.
Prepared by:
Sandra Hart, City Clerk
The Minutes are not official until approved by the Plan Commission.
Tuesday, March 1, 2005
Minutes: Evansville Plan: March 1, 2005
Evansville Plan Commission
Regular Meeting
Tuesday, March 1, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Ald. Hammann at 6:02 p.m. Present were Ald. Hammann, Ald. Aikman, Messrs. Sauer, Skinner, and Vrstal. Absent were Mayor Ringhand and Mr. Hurley. Staff present: Bill Connors, City Administrator, and Sandra Hart, City Clerk.
Ald. Hammann amended the Agenda to include Public Works action items under #9, Report of the Smart Growth Planning Committee. The Agenda was approved as amended.
Motion by Hammann, seconded by Vrstal, to waive the reading of the February 1, 2005 Minutes and approve them as printed. Motion carried.
Citizen appearances other than agenda items listed. None.
Unfinished Business.
Motion by Hammann, seconded by Sauer, to remove from the table a motion to recommend to Council adoption of Ordinance #2005-2, Amending Municipal Code Relative to Minimum Roadway Design Standards. Motion carried.
Motion by Hammann, seconded by Skinner, to amend the Minimum Reverse Curve Tangent from 100’ to 50’. Motion carried. The original motion, as amended, was approved.
New Business.
Motion by Hammann, seconded by Sauer, to recommend to Council to adopt Resolution #2005-9, Establishing Fees in Lieu of Making Park and Recreation Land Dedication. Motion carried.
City Planner’s Report.
Mr. Schwecke made revisions to the application forms for Conditional Uses, Site Plans, Land Divisions, Variances, and Zoning Map Amendments. The Clerk distributed the proposed new forms to the Commissioners for their review and comments. This will be discussed at the next meeting.
Mr. Connors discussed subscribing the Commissioners to the periodical PC Journal Because of the cost and content value, it was decided that only Mr. Connors would subscribe and share with the Commissioners any pertinent article.
Report of the Smart Growth Planning Committee.
Mr. Connors reported that the Plan Commission’s special meeting to review the revised draft plan has not scheduled as yet pending his submission of requested revisions to Amy Emery of OMNNI Associates and receiving copies of the revised plan from OMNNI.
Ald. Hammann asked that the Commissioners establish policy and standards for review of submitted applications for subdivisions. The Commissioners discussed at length the most efficient method for City staff and the appropriate committees to receive and review the applications. Mr. Connors offered to draft a subdivision review process for the next meeting.
Report of the Evansville Redevelopment Authority.
Mr. Connors reported that the City is working with Nelson-Young Lumber Company on their proposal to upgrade their business.
Motion by Hammann, seconded by Vrstal, to adjourn the meeting at 7:39 p.m. Motion carried.
Prepared by:
Sandra Hart, Clerk
The Minutes are not official until approved by Plan Commission.
Regular Meeting
Tuesday, March 1, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Ald. Hammann at 6:02 p.m. Present were Ald. Hammann, Ald. Aikman, Messrs. Sauer, Skinner, and Vrstal. Absent were Mayor Ringhand and Mr. Hurley. Staff present: Bill Connors, City Administrator, and Sandra Hart, City Clerk.
Ald. Hammann amended the Agenda to include Public Works action items under #9, Report of the Smart Growth Planning Committee. The Agenda was approved as amended.
Motion by Hammann, seconded by Vrstal, to waive the reading of the February 1, 2005 Minutes and approve them as printed. Motion carried.
Citizen appearances other than agenda items listed. None.
Unfinished Business.
Motion by Hammann, seconded by Sauer, to remove from the table a motion to recommend to Council adoption of Ordinance #2005-2, Amending Municipal Code Relative to Minimum Roadway Design Standards. Motion carried.
Motion by Hammann, seconded by Skinner, to amend the Minimum Reverse Curve Tangent from 100’ to 50’. Motion carried. The original motion, as amended, was approved.
New Business.
Motion by Hammann, seconded by Sauer, to recommend to Council to adopt Resolution #2005-9, Establishing Fees in Lieu of Making Park and Recreation Land Dedication. Motion carried.
City Planner’s Report.
Mr. Schwecke made revisions to the application forms for Conditional Uses, Site Plans, Land Divisions, Variances, and Zoning Map Amendments. The Clerk distributed the proposed new forms to the Commissioners for their review and comments. This will be discussed at the next meeting.
Mr. Connors discussed subscribing the Commissioners to the periodical PC Journal Because of the cost and content value, it was decided that only Mr. Connors would subscribe and share with the Commissioners any pertinent article.
Report of the Smart Growth Planning Committee.
Mr. Connors reported that the Plan Commission’s special meeting to review the revised draft plan has not scheduled as yet pending his submission of requested revisions to Amy Emery of OMNNI Associates and receiving copies of the revised plan from OMNNI.
Ald. Hammann asked that the Commissioners establish policy and standards for review of submitted applications for subdivisions. The Commissioners discussed at length the most efficient method for City staff and the appropriate committees to receive and review the applications. Mr. Connors offered to draft a subdivision review process for the next meeting.
Report of the Evansville Redevelopment Authority.
Mr. Connors reported that the City is working with Nelson-Young Lumber Company on their proposal to upgrade their business.
Motion by Hammann, seconded by Vrstal, to adjourn the meeting at 7:39 p.m. Motion carried.
Prepared by:
Sandra Hart, Clerk
The Minutes are not official until approved by Plan Commission.
Thursday, February 3, 2005
Minutes: Evansville Plan Commission: Special: Feb. 3, 2005; 5:30PM
Evansville Plan Commission
Special Meeting
Thursday, February 3, 2005, 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:18 PM. Present were: Mayor Ringhand, Ald. Hammann, Messrs. Skinner and Vrstal. Bill Connors, City Administrator, also was present, as was Roger Berg of the Smart Growth Planning Committee.
Mr. Connors briefed the Plan Commissioners on information he had recently received from David Sauer, City Engineer, and Scott George, Superintendent of the Water & Light Department, about correcting the problem of low water pressure at high elevations on the west side of the city, which is an impediment to development of these high-elevation areas. Mr. Connors said he was under the impression that constructing a second water tower on the west side would fix this problem, but that would be true only if the second water tower exclusively served the relatively small high-elevation areas, which the city is not likely to do. There are alternatives, such as using a pump to raise water pressure in the high-elevation areas. Mr. Connors said he has asked Mr. Sauer to provide a map of the areas where development is impeded by low water pressure, so this information can be included in the new comprehensive plan.
The Plan Commissioners reviewed chapters 8 through 12 (the final chapter) of the draft comprehensive plan submitted by the Smart Growth Planning Committee and instructed Mr. Connors to work with Amy Emery of OMMNI Associates to make the revisions they requested.
The Plan Commissioners agreed that they would hold a public hearing on the revised draft of the comprehensive plan before approving the “final” draft of the plan for distribution for official comment and recommending that the Common Council adopt the plan. Representatives of the nearby townships will be invited to attend this public hearing.
Motion by Hammann, seconded by Skinner, to adjourn the meeting at 7:30 PM. Motion carried.
Prepared by:
William E. Connors, City Administrator
The Minutes of the Plan Commission are not official until approved by the Plan Commission.
Special Meeting
Thursday, February 3, 2005, 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:18 PM. Present were: Mayor Ringhand, Ald. Hammann, Messrs. Skinner and Vrstal. Bill Connors, City Administrator, also was present, as was Roger Berg of the Smart Growth Planning Committee.
Mr. Connors briefed the Plan Commissioners on information he had recently received from David Sauer, City Engineer, and Scott George, Superintendent of the Water & Light Department, about correcting the problem of low water pressure at high elevations on the west side of the city, which is an impediment to development of these high-elevation areas. Mr. Connors said he was under the impression that constructing a second water tower on the west side would fix this problem, but that would be true only if the second water tower exclusively served the relatively small high-elevation areas, which the city is not likely to do. There are alternatives, such as using a pump to raise water pressure in the high-elevation areas. Mr. Connors said he has asked Mr. Sauer to provide a map of the areas where development is impeded by low water pressure, so this information can be included in the new comprehensive plan.
The Plan Commissioners reviewed chapters 8 through 12 (the final chapter) of the draft comprehensive plan submitted by the Smart Growth Planning Committee and instructed Mr. Connors to work with Amy Emery of OMMNI Associates to make the revisions they requested.
The Plan Commissioners agreed that they would hold a public hearing on the revised draft of the comprehensive plan before approving the “final” draft of the plan for distribution for official comment and recommending that the Common Council adopt the plan. Representatives of the nearby townships will be invited to attend this public hearing.
Motion by Hammann, seconded by Skinner, to adjourn the meeting at 7:30 PM. Motion carried.
Prepared by:
William E. Connors, City Administrator
The Minutes of the Plan Commission are not official until approved by the Plan Commission.
Minutes; Evansville Planning Commission: February 1, 2005
Evansville Plan Commission
Regular Meeting
Tuesday, February 1, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 p.m. Present were Mayor Ringhand, Ald. Hammann, and Messrs. Hurley, Sauer, Skinner and Vrstal. Staff present: Bill Connors, City Administrator and Sandra Hart, City Clerk. Also present in the audience were Ald. Cothard and Ald. Sornson.
The Agenda was amended to move item 7. D. before 7.A. and to delete the public hearing from 7.A. Agenda was approved as amended.
Motion by Hammann, seconded by Vrstal, to waive the reading of the January 3, 2005 Minutes as printed. Motion by Hammann, seconded by Hurley, to require the Minutes to reflect how the members vote on roll call votes. Amendment carried. Original motion, as amended, carried.
Citizen appearances other than agenda items listed. None.
Unfinished Business.
Stan Gildner, on behalf of Saviour Development LLC, gave a status report of Capstone Ridge Subdivision. They anticipate starting the final plat approval process this spring. Their engineer will be contacting and working with the City’s Engineer on any outstanding issues. They have been working with different property owners to obtain easements for stormwater drainage. They tentatively propose the subdivision be developed in three phases over the next seven years. Mr. Connors said the City’s position is the size of the phases would allow them to build out infrastructure for around 35 units per year, so if the first phase was for 70 lots and stated in 2005, the second phase could not start until 2007, but if the first phase was 35 lots, the second phase could start in 2006. He said the City will take the same position with the developers of the Westfield Meadows Subdivision. Mr. Sauer said as soon as the production schedule is forwarded to him, he will start working on the project with the developers.
Motion by Hammann, seconded by Skinner, to remove from the table a motion to recommend to Common Council approval of a preliminary subdivision plat for Westfield Meadows. Motion carried.
Motion by Hammann, seconded by Skinner, to recommend to Common Council approval of a preliminary subdivision plat for the Westfield Meadows Subdivision. Motion by Hammann, seconded by Skinner, to amend the motion to include all conditions contained in a Memo dated January 28, 2005, prepared by Bill Connors to Plan Commissioners. The conditions are as follows:
Plan Commission
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February 1, 2005
1. The final plat and construction plans must comply with all provisions of Chapter 110 of the Evansville Municipal Code.
2. Lot 52 for the commercial area must be rezoned to B-1, B-2, or O-1.
3. Lot 1 for townhouses must be rezoned to R-3.
4. Lots 30 and 45 for condominiums and senior housing must be rezoned to R-2 or R-3.
5. Lots 46 – 51 must be rezoned to R-2.
6. Lots 2, 3, 53-72, and 88-100 (35 lots, or 23% of the 152 single-family lots) must be rezoned R-1A (minimum total of 1,300 square feet on first floor and above).
7. Lots 4-7, 15-29, 41-43, 73-75, 84-87, 101-112, and 116-162 (88 lots, or 58% of the single-family lots) must be rezoned R-1B (minimum total of 1,450 square feet on first floor and above).
8. Lots 8-14, 31-40, 44, 76-83, and 113-115 (29 lots, 19% of the single-family lots) must be rezoned R-1C (minimum total of 1,600 square feet on first floor and above).
9. The final plat must state that if an application is made, a conditional use permit will automatically be granted to construct a two-family dwelling on any of the following lots, but the applicant must obtain the Plan Commission’s approval of a site plan for each such two-family dwelling: Lots 53, 69, 73, 90, 126, 130, 138, 146 and 157.
10. Lots on which no basement will be permitted must be marked as such on the final plat.
11. Lots where the minimum elevation of the lowest window opening is critical must be marked on the final plat.
12. The only green space that will count as parkland for purposes of the parkland dedication requirement is a 15-foot-wide strip of land for the bicycle/pedestrian trail.
13. Evansville Development, Inc. will pay the cost of constructing the bicycle/pedestrian trail, except to the extent the ratio of linear feet of trail to housing units (excluding units that are part of the potential senior housing development on Lot 30) in this subdivision exceeds the ratio of linear feet of trail to housing units in the Capstone Ridge Subdivision, in which event the City will pay the cost of constructing the trail in excess of this ratio.
14. The Common Council must approve a final land divider’s agreement for the subdivision.
Motion by Hammann, seconded by Skinner, to amend the amendment include the recommendations from City Engineer, Dave Sauer. They are:
1. That each of the items identified in the 4/28/04 Memo from Dave Sauer to Roger Berg be addressed and approved by the City Engineer in conjunction with construction drawings.
Plan Commission
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February 1, 2005
2. That the lots having no basements be submitted for review and approved by the City Engineer and these lots then be identified on the final plat.
3. That the lots have a minimum floor or lowest allowable opening (door or window) elevation that is approved by the City Engineer and that is placed on the construction drawings. Elevation will be set at 2 feet above 100 year flood elevation.
4. To clean out the ditch to Croft Road before any construction begins.
Motion to amend the amendment carried.
Motion to amend the main motion, as amended, carried.
The main motion, as amended, was approved unanimously on a roll call vote.
New Business.
Motion by Hammann, seconded by Skinner, to approve Extraterritorial Land Division, LD#2004 102, Conifer Hills Second Addition, Town of Union, owned by Charles Rohloff. The Town of Union and Rock County have approved the land division. Motion carried.
Motion by Hammann, seconded by Hurley, to approve a site plan on the southwest intersection of Exchange Street (new alignment) and East Main Street (multiple parcels to be combined into a single parcel under a certified survey map) for First Community Bank of Evansville.
Motion by Hammann, seconded by Sauer, to amend the motion to conditionally approve the site plan contingent upon the sign, lighting and stormwater plans are approved by the City Engineer. Amendment carried.
The original motion, as amended, passed.
Motion by Hammann, seconded by Sauer, to approve a Conditional Use Permit for a duplex at southeast corner of Millard Court and West Main Street (parcel 6-27-293.1123, Lot 123 of the Berg, Woodworth, and Petterson Subdivision) for Jeanette Davis.
Mayor Ringhand confirmed the notices were timely published and appropriate property owners noticed. She inquired if there were any conflicts of interest or if any Commissioner had been contacted by the public. Ald. Hammann said he had received calls from citizens opposing the permit. The agent for the applicant, Thomas Cothard, was asked to describe the proposal. Mr. Cothard said he and the applicant had purchased all the lots on the street to build on and would like to construct a duplex on this lot and
Plan Commission
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February 1, 2005
Lot 142 across the street. There are other duplexes in the area. Duplexes do not deter people from buying single-family residences next door and they do not reduce the value of other properties in the area.
Mayor Ringhand opened the public hearing at 7:25 p.m.
Mason Braunschweig, 540 W. Main Street, opposes the permit. This request is against the covenants of this subdivision and the applicant knew that when the lots were purchased. It is not in the best interest of the City to circumvent the covenants. He presented a petition signed by 30 property owners opposing the permit. A copy of the covenant was presented to the Commissioners for their review.
Mr. Cothard said an architectural committee maintains control of the covenants until the Subdividers no longer owns the property. The Subdividers are made up of the builders in the area and can alter the restrictions placed on these lots.
Brian Barnes, 551 Spencer Drive, said if the applicant purchased from the Subdividers, then the architectural committee does not control and the covenants specifically prohibit duplexes. Future owners of the proposed duplexes may use them as rental property and then no one keeps them up.
John Sornson, 249 Franklin Street, said he looked at the duplexes in the area and he did not see where the value of the property would be diminished because of a duplex.
Kyle Galloway, 75 Millard Court, said he would not have purchased his lot if he knew duplexes would be that close. He read the covenants before he bought his home to make sure duplexes were not allowed. When anyone enters the area, the first thing that would be seen are the duplexes and that would be detrimental and not in the best interest of the neighborhood to do this.
Mason Braunschweig, 590 W. Main Street, said he would be able to obtain a restraining order from the Court based on the covenants if the Commissioners approved this request.
The public hearing closed at 7:45 p.m.
Mr. Vrstal asked for clarification of who is the Architectural Committee and if this were to pass, would there be a legal action against the City. Mr. Connors said it may provoke a lawsuit against the private individuals but not against the City.
Mayor Ringhand said the Commissioners never dealt with this issue before and is uncomfortable with making a decision without further research.
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February 1, 2005
Motion by Skinner, seconded by Hammann, to table the request until there was clarification from the City’s attorney. Motion failed on a 4 – 2 vote with Mayor Ringhand and Skinner voting yes, and Hurley, Hammann, Sauer, and Vrstal voting no.
The original motion failed on a unanimous roll call vote.
Motion by Hammann, seconded by Sauer, to approve a Conditional Use Permit for a duplex at the southwest corner of Millard Court and West Main Street (parcel 6-27-293.1142; Lot 142 of the Berg, Woodworth, and Petterson Subdivision) for Thomas Cothard.
Mayor Ringhand opened the public hearing at 7:59 p.m.
Barb Jacobson, 55 South 6th Street, said this issue is strictly a business situation and not a personal issue as their homes are their investments.
The public hearing closed at 8:00 p.m.
Mr. Hurley said he appreciates the public coming forward and the preparation and effort they put in preparing for this meeting. If this request were denied, he would still like the City Attorney to render a letter on this for future reference.
The motion failed unanimously.
Motion by Hammann, seconded by Sauer, to recommend to Council adoption of Ordinance #2005-1, Amending Municipal Code Relative to Corner-lot Setbacks in LL-R12, LL-R15, R-1 and R-2 Zoning Districts, Group Development, and Setbacks in B-1 Zoning District.
Mayor Ringhand opened the public hearing at 8:03 p.m.
Mr. Connors summarized the ordinance for the Commissioners. This is a text amendment to the City’s zoning code, specifically sec. 130-418, 130-768, 130-944, 130-964, 130-984, 130-1004, and 130-1023.
The public hearing closed at 8:08 p.m.
Motion by Hammann, seconded by Skinner, to amend Sec. 2,(3)a. to read: “Building to front or street side lot line: 25 five feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet. Building to street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet..” Amendment carried.
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February 1, 2005
The original motion, as amended, carried.
Motion by Hammann, seconded by Skinner, to recommend to Council adoption of Ordinance #2005-2, Amending Municipal Code Relative to Minimum Roadway Design Standards.
Mayor Ringhand opened the public hearing at 8:22 p.m. No one spoke to the issue. The public hearing closed at 8:23 p.m.
Ald. Hammann said this was discussed at the Public Works Committee meeting. There were questions regarding the minimum radius of 200 feet. Motion by Hammann, seconded by Skinner to table this issue until the City Engineer reviews it and makes a recommendation. Motion carried.
City Planner’s Report. None.
Report of the Smart Growth Planning Committee.
Mr. Connors said the Plan Commission will be meeting on Thursday, February 3, and are nearing the end of the process of reviewing the draft comprehensive plan submitted by the Smart Growth Planning Committee.
Report of the Evansville Redevelopment Authority. None.
Motion by Hammann, seconded by Sauer, to adjourn the meeting at 8:32 p.m. Motion carried.
Prepared by:
Sandra Hart, City Clerk
The Minutes are not official until approved by the Plan Commission.
Regular Meeting
Tuesday, February 1, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 p.m. Present were Mayor Ringhand, Ald. Hammann, and Messrs. Hurley, Sauer, Skinner and Vrstal. Staff present: Bill Connors, City Administrator and Sandra Hart, City Clerk. Also present in the audience were Ald. Cothard and Ald. Sornson.
The Agenda was amended to move item 7. D. before 7.A. and to delete the public hearing from 7.A. Agenda was approved as amended.
Motion by Hammann, seconded by Vrstal, to waive the reading of the January 3, 2005 Minutes as printed. Motion by Hammann, seconded by Hurley, to require the Minutes to reflect how the members vote on roll call votes. Amendment carried. Original motion, as amended, carried.
Citizen appearances other than agenda items listed. None.
Unfinished Business.
Stan Gildner, on behalf of Saviour Development LLC, gave a status report of Capstone Ridge Subdivision. They anticipate starting the final plat approval process this spring. Their engineer will be contacting and working with the City’s Engineer on any outstanding issues. They have been working with different property owners to obtain easements for stormwater drainage. They tentatively propose the subdivision be developed in three phases over the next seven years. Mr. Connors said the City’s position is the size of the phases would allow them to build out infrastructure for around 35 units per year, so if the first phase was for 70 lots and stated in 2005, the second phase could not start until 2007, but if the first phase was 35 lots, the second phase could start in 2006. He said the City will take the same position with the developers of the Westfield Meadows Subdivision. Mr. Sauer said as soon as the production schedule is forwarded to him, he will start working on the project with the developers.
Motion by Hammann, seconded by Skinner, to remove from the table a motion to recommend to Common Council approval of a preliminary subdivision plat for Westfield Meadows. Motion carried.
Motion by Hammann, seconded by Skinner, to recommend to Common Council approval of a preliminary subdivision plat for the Westfield Meadows Subdivision. Motion by Hammann, seconded by Skinner, to amend the motion to include all conditions contained in a Memo dated January 28, 2005, prepared by Bill Connors to Plan Commissioners. The conditions are as follows:
Plan Commission
Page 2
February 1, 2005
1. The final plat and construction plans must comply with all provisions of Chapter 110 of the Evansville Municipal Code.
2. Lot 52 for the commercial area must be rezoned to B-1, B-2, or O-1.
3. Lot 1 for townhouses must be rezoned to R-3.
4. Lots 30 and 45 for condominiums and senior housing must be rezoned to R-2 or R-3.
5. Lots 46 – 51 must be rezoned to R-2.
6. Lots 2, 3, 53-72, and 88-100 (35 lots, or 23% of the 152 single-family lots) must be rezoned R-1A (minimum total of 1,300 square feet on first floor and above).
7. Lots 4-7, 15-29, 41-43, 73-75, 84-87, 101-112, and 116-162 (88 lots, or 58% of the single-family lots) must be rezoned R-1B (minimum total of 1,450 square feet on first floor and above).
8. Lots 8-14, 31-40, 44, 76-83, and 113-115 (29 lots, 19% of the single-family lots) must be rezoned R-1C (minimum total of 1,600 square feet on first floor and above).
9. The final plat must state that if an application is made, a conditional use permit will automatically be granted to construct a two-family dwelling on any of the following lots, but the applicant must obtain the Plan Commission’s approval of a site plan for each such two-family dwelling: Lots 53, 69, 73, 90, 126, 130, 138, 146 and 157.
10. Lots on which no basement will be permitted must be marked as such on the final plat.
11. Lots where the minimum elevation of the lowest window opening is critical must be marked on the final plat.
12. The only green space that will count as parkland for purposes of the parkland dedication requirement is a 15-foot-wide strip of land for the bicycle/pedestrian trail.
13. Evansville Development, Inc. will pay the cost of constructing the bicycle/pedestrian trail, except to the extent the ratio of linear feet of trail to housing units (excluding units that are part of the potential senior housing development on Lot 30) in this subdivision exceeds the ratio of linear feet of trail to housing units in the Capstone Ridge Subdivision, in which event the City will pay the cost of constructing the trail in excess of this ratio.
14. The Common Council must approve a final land divider’s agreement for the subdivision.
Motion by Hammann, seconded by Skinner, to amend the amendment include the recommendations from City Engineer, Dave Sauer. They are:
1. That each of the items identified in the 4/28/04 Memo from Dave Sauer to Roger Berg be addressed and approved by the City Engineer in conjunction with construction drawings.
Plan Commission
Page 3
February 1, 2005
2. That the lots having no basements be submitted for review and approved by the City Engineer and these lots then be identified on the final plat.
3. That the lots have a minimum floor or lowest allowable opening (door or window) elevation that is approved by the City Engineer and that is placed on the construction drawings. Elevation will be set at 2 feet above 100 year flood elevation.
4. To clean out the ditch to Croft Road before any construction begins.
Motion to amend the amendment carried.
Motion to amend the main motion, as amended, carried.
The main motion, as amended, was approved unanimously on a roll call vote.
New Business.
Motion by Hammann, seconded by Skinner, to approve Extraterritorial Land Division, LD#2004 102, Conifer Hills Second Addition, Town of Union, owned by Charles Rohloff. The Town of Union and Rock County have approved the land division. Motion carried.
Motion by Hammann, seconded by Hurley, to approve a site plan on the southwest intersection of Exchange Street (new alignment) and East Main Street (multiple parcels to be combined into a single parcel under a certified survey map) for First Community Bank of Evansville.
Motion by Hammann, seconded by Sauer, to amend the motion to conditionally approve the site plan contingent upon the sign, lighting and stormwater plans are approved by the City Engineer. Amendment carried.
The original motion, as amended, passed.
Motion by Hammann, seconded by Sauer, to approve a Conditional Use Permit for a duplex at southeast corner of Millard Court and West Main Street (parcel 6-27-293.1123, Lot 123 of the Berg, Woodworth, and Petterson Subdivision) for Jeanette Davis.
Mayor Ringhand confirmed the notices were timely published and appropriate property owners noticed. She inquired if there were any conflicts of interest or if any Commissioner had been contacted by the public. Ald. Hammann said he had received calls from citizens opposing the permit. The agent for the applicant, Thomas Cothard, was asked to describe the proposal. Mr. Cothard said he and the applicant had purchased all the lots on the street to build on and would like to construct a duplex on this lot and
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Lot 142 across the street. There are other duplexes in the area. Duplexes do not deter people from buying single-family residences next door and they do not reduce the value of other properties in the area.
Mayor Ringhand opened the public hearing at 7:25 p.m.
Mason Braunschweig, 540 W. Main Street, opposes the permit. This request is against the covenants of this subdivision and the applicant knew that when the lots were purchased. It is not in the best interest of the City to circumvent the covenants. He presented a petition signed by 30 property owners opposing the permit. A copy of the covenant was presented to the Commissioners for their review.
Mr. Cothard said an architectural committee maintains control of the covenants until the Subdividers no longer owns the property. The Subdividers are made up of the builders in the area and can alter the restrictions placed on these lots.
Brian Barnes, 551 Spencer Drive, said if the applicant purchased from the Subdividers, then the architectural committee does not control and the covenants specifically prohibit duplexes. Future owners of the proposed duplexes may use them as rental property and then no one keeps them up.
John Sornson, 249 Franklin Street, said he looked at the duplexes in the area and he did not see where the value of the property would be diminished because of a duplex.
Kyle Galloway, 75 Millard Court, said he would not have purchased his lot if he knew duplexes would be that close. He read the covenants before he bought his home to make sure duplexes were not allowed. When anyone enters the area, the first thing that would be seen are the duplexes and that would be detrimental and not in the best interest of the neighborhood to do this.
Mason Braunschweig, 590 W. Main Street, said he would be able to obtain a restraining order from the Court based on the covenants if the Commissioners approved this request.
The public hearing closed at 7:45 p.m.
Mr. Vrstal asked for clarification of who is the Architectural Committee and if this were to pass, would there be a legal action against the City. Mr. Connors said it may provoke a lawsuit against the private individuals but not against the City.
Mayor Ringhand said the Commissioners never dealt with this issue before and is uncomfortable with making a decision without further research.
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Motion by Skinner, seconded by Hammann, to table the request until there was clarification from the City’s attorney. Motion failed on a 4 – 2 vote with Mayor Ringhand and Skinner voting yes, and Hurley, Hammann, Sauer, and Vrstal voting no.
The original motion failed on a unanimous roll call vote.
Motion by Hammann, seconded by Sauer, to approve a Conditional Use Permit for a duplex at the southwest corner of Millard Court and West Main Street (parcel 6-27-293.1142; Lot 142 of the Berg, Woodworth, and Petterson Subdivision) for Thomas Cothard.
Mayor Ringhand opened the public hearing at 7:59 p.m.
Barb Jacobson, 55 South 6th Street, said this issue is strictly a business situation and not a personal issue as their homes are their investments.
The public hearing closed at 8:00 p.m.
Mr. Hurley said he appreciates the public coming forward and the preparation and effort they put in preparing for this meeting. If this request were denied, he would still like the City Attorney to render a letter on this for future reference.
The motion failed unanimously.
Motion by Hammann, seconded by Sauer, to recommend to Council adoption of Ordinance #2005-1, Amending Municipal Code Relative to Corner-lot Setbacks in LL-R12, LL-R15, R-1 and R-2 Zoning Districts, Group Development, and Setbacks in B-1 Zoning District.
Mayor Ringhand opened the public hearing at 8:03 p.m.
Mr. Connors summarized the ordinance for the Commissioners. This is a text amendment to the City’s zoning code, specifically sec. 130-418, 130-768, 130-944, 130-964, 130-984, 130-1004, and 130-1023.
The public hearing closed at 8:08 p.m.
Motion by Hammann, seconded by Skinner, to amend Sec. 2,(3)a. to read: “Building to front or street side lot line: 25 five feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet. Building to street side lot line: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet..” Amendment carried.
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The original motion, as amended, carried.
Motion by Hammann, seconded by Skinner, to recommend to Council adoption of Ordinance #2005-2, Amending Municipal Code Relative to Minimum Roadway Design Standards.
Mayor Ringhand opened the public hearing at 8:22 p.m. No one spoke to the issue. The public hearing closed at 8:23 p.m.
Ald. Hammann said this was discussed at the Public Works Committee meeting. There were questions regarding the minimum radius of 200 feet. Motion by Hammann, seconded by Skinner to table this issue until the City Engineer reviews it and makes a recommendation. Motion carried.
City Planner’s Report. None.
Report of the Smart Growth Planning Committee.
Mr. Connors said the Plan Commission will be meeting on Thursday, February 3, and are nearing the end of the process of reviewing the draft comprehensive plan submitted by the Smart Growth Planning Committee.
Report of the Evansville Redevelopment Authority. None.
Motion by Hammann, seconded by Sauer, to adjourn the meeting at 8:32 p.m. Motion carried.
Prepared by:
Sandra Hart, City Clerk
The Minutes are not official until approved by the Plan Commission.
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