Minutes: Plan Commission: Nov. 6, 2006

Plan Commission

Regular Meeting

Monday, November 6, 2006, 6:00 P.M.

City Hall, 31 S. Madison Street, Evansville, WI

MINUTES
Mayor Decker called the meeting to order at 6:01 PM. Present were: Mayor Decker, Ald. Braunschweig, Ald. Hammann, Cheryl Dickert, Dave Sauer, Gil Skinner, and Jeff Vrstal Staff present: Tim Schwecke, City Planner, and Jim Beilke, Clerk/Treasurer. Alderpersons Sornson and Cothard were present in the audience.

Approval of Agenda

Motion by Hammann, seconded by Braunschweig, to approve the agenda and to move agenda item 6 (F), China Wok, to follow agenda item 5, Citizen Appearances. Motion carried.

Approval of Minutes

Motion by Hammann, seconded by Braunschweig, to waive the reading of the October 2, 2006, minutes and approve them as printed. Motion carried.

Citizen Appearances Other Than Those Agenda Items Listed - None

Unfinished Business

Joe Bradley from Dairyland Real Estate led the discussion regarding the China Wok site plan for 128 East Main Street. He reported they are exploring a purchase of the adjacent parking lot with the idea of refurbishing or replacing the existing building.

Mayor Decker gave an update on the traffic impact analysis of Highway 14, County M, and J. Lindemann intersections. The Department of Transportation will meet with the Evansville community and businesses on November 30th at the next Chamber of Commerce meeting.

Mr. Schwecke gave an update on determining break-even point for housing and adopting a requirement that prior to annexation, the petitioner pays for a fiscal impact analysis of the proposed annexation. He has reviewed the software from UW-Madison University and reported it is one way to calculate whether a development pays for itself. There are many other different methodologies. He recommended amending the city’s zoning code. Applicants would be required to pay for a fiscal impact analysis when the parcel is greater than 5 or 10 acres and the zoning would be changed from an agricultural zoning classification to a residential zoning classification. The Commission noted these analysis would be site depended, and they are having a hard time determining their cost. The Commission instructed staff to run an analysis on the existing Grand Orchard using the software from UW-Madison because they could compare it to existing Grand Orchard’s financial analysis.

Mr. Schwecke led the discussion relating to the new official zoning map. After conferring with City Attorney Kopp, they recommended that the city identify the affected parcels and assign a proposed zoning designation. Then, the city should send a letter to each of the affected property owners to explain what is being proposed and why. He would work with the affected property owners to resolve any issues. Next, the city would prepare a new draft zoning map and schedule a public hearing. Again, all affected property owners would be sent a letter informing them of the upcoming public hearing. After the public hearing, the digital zoning map would be official. The Commission requested that they review a draft before the letters are sent out.

Mr. Schwecke gave an update on the Gibbs land division on Water Street (Application #2006-31). The applicant is working on issues involving the flood plain, which should be resolved in the next few months.

Mr. Schwecke led the discussion on the outdoor lighting ordinance. He reported most of the 12 communities that responded to our request to share their outdoor lighting ordinance had general language inserted in various sections of their code stating that lighting should “avoid causing glare” or “not shine onto another’s property.” He recommended that the city consider a comprehensive approach to outdoor lighting and adopt a stand-alone ordinance. If directed, he could draft an ordinance based on the examples we received and on lighting ordinances he had drafted for other communities. The Commission instructed staff to draft an ordinance.

New Business

Mike Robinson, President of North Prairie Productions LLC, presented the Landmark Services Cooperative annexation petition (Application 2006-31). He requested the city waive the requirement that Landmark pay the taxes owed to the Town of Union for the next five years, because this annexation involves significant infrastructure and the tax burden would be around $7,200 a year.

Mr. Schwecke reported this annexation would bring in 121 acres on the east side of County Road M and would facilitate industrial development, which is consistent with the comprehensive plan. The property owned by Landmark would be zoned industrial (I-2) and the Rupnow’s property would be zoned agricultural (A-1).

Mayor Decker opened the public hearing at 6:33 PM. Alvin Francis, 17226 W. County Road C, questioned how the 22 acres of agricultural land would be taxed after the annexation. Dave Wagner from Ehlers and Associates reported the tax would depend on zoning and use of the land. Mayor Decker closed the public hearing at 6:38 PM.

The Commission agreed to waive the requirement that Landmark pay to the City the taxes for the Town of Union for the next five years. Additionally, they noted this annexation is consistent with the comprehensive plan.

Motion Hammann, seconded by Braunschweig, to recommend to Council the adoption of Ordinance 2006-34 and amend the first reading draft of Ordinance #2006-34 by striking the last full sentence from Section 3. The motion, as amended, carried.

Dave Wagner from Ehlers and Associates presented the draft Plan Commission Resolution 2006-12, recommending to Council the creation of Tax Increment District (TID) No. 7 and approval of the project plan. He reported that the City would be able to obtain the funds necessary to implement the projects in this Plan and that the revenue from the District will be sufficient to pay for them. The first phase would facilitate the development of the bio-diesel facility and potential related business. The second phase would facilitate the development of the soybean crushing facility.

Mayor Decker opened the public hearing at 7:01 PM. John Sornson, 249 Franklin Street, requested that the Commission approve only the first phase tonight. Ron Arndt, 598 Water Street, cautioned the Commission that the first phase could fail and the city should wait to approve the second phase. Mayor Decker closed the public hearing at 7:03 PM.

The Commission discussed the idea of approving only the first phase of the plan. They reviewed the logic to go through this entire process for a TID plan again in the future and to pay again all the costs associated with a TID plan.

Motion by Hammann, seconded by Braunschweig, to adopt Plan Commission Resolution 2006-12 as drafted recommending to Council the creation of Tax Increment District No. 7 and approval of the project plan.

Motion by Hammann, seconded by Vrstal, to remove the second phase from the plan. Motion failed (2-4).

The original motion carried.

John Gishnock presented the Conditional use permit for 210 Cemetery Road, (Application 2006-34). He will use the property for a small home-based design/build landscaping business.

Mr Schwecke reported the business would focus on small landscaping projects. The applicant wishes to use an existing outbuilding as an office. Clients may come to the site, but not on a consistent basis. Storage of materials will occur in a detached garage and in a small area on the east side of the attached garage. He recommended approval with conditions listed in his report.

Mayor Decker opened the public hearing at 7:38 PM. Thomas Cothard, 447 Evans Drive, and Ron Arndt, 598 Water Street, stated there are too many restrictions. Ald. Sornson asked if the neighbors were notified of this new business. Mr. Francis is in favors of this permit. Mayor Decker closed the public hearing at 7:40 PM.

Mr. Schwecke verified the neighbors were notified of the conditional use permit. The Commission asked John Gishnock what he thought of the restrictions. He will abide by them, but he is not adverse to changes. The Commission reviewed the conditions listed in the staff report, and their discussion with Mr. Gishnock centered on the restrictions.

Motion by Hammann, seconded by Skinner, to act on the application (not defer to a later date). Motion passed unanimously on a roll call vote.

Motion by Hammann, seconded by Braunschweig, to approve the application based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh any and all potential adverse impacts, if any. The Commission noted that 1) the use is consistent with the comprehensive plan; 2) the use is consistent with the City’s zoning code, or any other plan, program, or ordinance; 3) the use will not substantially affect nearby property; 4) the use is appropriate; and 5) the use is adequately served by, and will not impose an undue burden on, utilities and public services.

Motion by Hammann, seconded by Braunschweig, to change the language in conditions as follows: on line 3, change “three” to “five;” on line 7, change “forklifts” to “any equipment or business use to include but not limited to bobcats and forklifts” and change “6:30 pm and 6:30 am” to “8:00 pm and 6:00 am;” on line 9, change “two” to “four;” and on line 10, add the words, “on the site” at the end of the last sentence. Motion carried.

The original motion, as amended, carried.

Mr. Schwecke presented the site plan application for 210 Cemetery Road (Application #2006-35). He reported the applicant wants to establish a home occupation. The new buildings will be constructed to house the home occupation. A solid fence not to exceed six feet in height shall enclose the material storage area on the east side of the detached garage. He recommended approval of the site plan.

Motion by Hammann, seconded by Braunschweig, to approve the application with conditions as contained in the staff report (and other conditions as may be imposed by the Commission). Motion carried.

Mr. Schwecke and Mr. Arndt presented the repeal of Ordinance #2005-49 and zoning code text amendment relating to outdoor furnaces. This ordinance is very restrictive and only a few parcels in the city would qualify for an outdoor furnace.

Mayor Decker opened the public hearing at 8:02 PM. Ald. Sornson asked how existing outdoor furnaces would be affected by this ordinance. Mr. Schwecke reported existing outdoor furnaces would need to comply with this ordinance. Mayor Decker closed the public hearing at 8:04 PM.

Motion by Hammann, seconded by Braunschweig, to recommend to Council the adoption of Ordinance 2006-36 as drafted. Motion passed unanimously on a roll call vote.

Mr. Schwecke presented the zoning code text amendment relating to Board of Appeals so as to comply with 2005 Wisconsin Act 34. This ordinance would amend our code to comply with the new Wisconsin Statue.

Mayor Decker opened the public hearing at 8:07 PM and closed the public hearing at 8:08 PM.

Motion by Hammann, seconded by Braunschweig, to recommend to Council the adoption of Ordinance 2006-37 as drafted. Motion carried.

Mr. Schwecke presented zoning code map amendment, City of Evansville applicant (Application 2006-36). Earlier this year, the city annexed about 88 acres of land into the city, referred to as Larson Acres. The annexation ordinance did not specify how the land was to be zoned. Upon recommendation of the city attorney, he drafted an ordinance to rezone the property from Town of Union zoning to Agricultural District One (A-1).

Mayor Decker opened the public hearing at 8:09 PM and closed the public hearing at 8:10 PM.

Motion by Hammann, seconded by Braunschweig, to recommend to Council the adoption of Ordinance 2006-41 as drafted. Motion carried.

Mr. Schwecke led the discussion relating to adding a vehicle impound yard as a permitted land use in I-1 and I-2 and as a conditional use in other specified zoning districts. The City is currently involved in a court case regarding a resident using properties as impound yards to store towed vehicles. Our current Code does not allow an impound yard anywhere in the city. Our city attorney suggested that the City define an area where an impound yard would be a permitted use. He recommended that an impound yard be a permitted use in the I-1 and I-2 districts and allowed as a conditional use in the B-3 district. Ald. Hammann and Braunschweig would sponsor an ordinance that would permit impound yards only as conditional use in I-1, I-2, I-3, and B-3.

Mr. Schwecke led the discussion relating to a zoning land use matrix. Within the existing zoning code, there are three different places that list what land uses are allowed where. For each zoning district, there is a laundry list of uses that are allowed. Elsewhere in the code, each type of land use is described and the zoning districts are listed where it is allowed. Yet elsewhere in the code, there is a matrix showing the various nonresidential zoning districts and what land uses are allowed in each. This type of approach leads to problems. He recommended to amend the zoning code by adopting a land use matrix that lists all of the zoning districts and all of the land uses that are permitted somewhere in the city. Ald. Hammann and Braunschweig would sponsor an ordinance.

Mr. Schwecke led the discussion on consideration of a comprehensive review of the zoning code. There have been a number of amendments to the zoning code in the last two years. Additionally, the existing code in poorly organized. He recommended staff put together a proposed outline of a zoning code for the board’s consideration. The Commission instructed staff to review this matter at the next Traditional Neighbor Development meeting.

Preliminary Development Presentations - None

Report of the Evansville Redevelopment Authority - None

Report of the Evansville Historic Preservation Commission – None

Report of the Traditional Neighborhood Development/Residential Design Study Committee

Ald. Hammann reported the Committee is reviewing their field trips and developing an ordinance.

City Planner’s Report

Mr. Schwecke reviewed his report on the updates on Common Council actions relating to Plan Commission recommendations.

Adjournment

Motion by Hammann, seconded Braunschweig, to adjourn at 8:38 PM, carried.

Prepared by:

James A. Beilke

City Clerk/Treasurer

The minutes are not official until approved by the Plan Commission at their next regular meeting.