Background; Plan Commission: Minutes: March 2008

City of Evansville Plan Commission

Regular Meeting
Monday, March 3, 2008, 6:00 pm
City Hall, 31 S. Madison Street, Evansville, Wisconsin

MINUTES

1. Call to order. The meeting was called to order at 6:00 p.m. by Mayor Sandy Decker.

2. Roll call. Members present: Mason Braunschweig, Jim Brooks, Sandy Decker, Bill Hammann, Diane Roberts, Gil Skinner and Jeff Vrstal. Others present: Tim Schwecke, City Planner; Dan Wietecha, City Administrator; Judy Walton, City Clerk; and members of the public.

3. Approve Agenda. Decker requested moving Items 6D & 6E forward to follow Item #5 and in Items 6B & 6C to change the words from Every Meadows to Celtic Ridge. Braunschweig made a motion, seconded by Roberts to approve the agenda as amended. Motion passed unanimously.

4. Approval of minutes.
A. Braunschweig made a motion, seconded by Roberts to waive the reading of the minutes from the February 4, 2008 regular meeting and approve them as printed. Motion approved unanimously.
B. Braunschweig made a motion, seconded by Roberts to waive the reading of the minutes from the February 21, 2008 special meeting and approve them as printed. Motion approved unanimously.

5. Citizen appearances other than agenda items listed. None

6. Action items.

D. Conditional use to establish a restaurant at 831 Brown School Road, Roger Berg and John Morning applicant on behalf of Kent Lee (Application 2008-8).
Cheryl Dickert, representing Tanglewood Tavern, distributed material which included a personal biography of owner Kent Lee, sample menus, floor plan, and a past economic development survey conducted by the City of Evansville and the Towns of Union and Porter. She explained that the goal is to provide an upscale casual dining option. John Morning distributed a letter from Cobblestone Inn asking for support of the project. Schwecke stated the proposed establishment will occupy 3,840 square feet with a total capacity of 120 seats. The proposed use is a conditional use in all of the districts in which it is permitted. The property is located in the Regional Business District (B-4). He went through each of the suggested conditions. Decker opened the public hearing at 6:22 p.m. Eric Johnson, 13213 W Northfield Crossing, spoke in opposition of the project and presented a letter signed by Kim M Gruebling and co-signed by several residents opposing a licensed liquor establishment in their neighborhood. Elizabeth Jones, 788 Brown School Road; Tim Madsen, 13349 W Northfield Crossing; Jim MacNaughton, 13254 W Northfield Crossing; and Terry Kempf, 13438 W Northfield Crossing, spoke opposing the project citing traffic, parking and noise concerns and questioning what affect the business could have on their neighborhood. Paul Brunsell, 21 N Wyler Dr, spoke in favor of the project stating the Smart Growth Plan supports it, it will strengthen the Cobblestone Inn and there is a need for additional restaurants. Lori Kuha, business owner in Brown School Plaza, asked if there were known problems with similar establishments in other residential areas. Schwecke added that Larry Ringhand called him to voice his opposition as he was unable to make the meeting. Decker read the letter opposing the project presented by Eric Johnson, noting that about 3 of the approximately 48 signatures were residents of the City of Evansville. Decker read the letter supporting the project presented by John Morning. Decker closed the public hearing at 6:40 p.m. The Commission reviewed the items discussed in the public hearing, the need for new business, the conditions recommended in the staff report and the restrictions proposed. Braunschweig made a motion, seconded by Skinner for a roll call vote to act on the application, not defer to a later date. Motion approved unanimously on a roll call vote. Braunschweig made a motion, seconded by Roberts 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. Braunschweig made a motion, seconded by Brooks to amend the motion to include the approval of the application with conditions as contained in the staff report (to follow the adverse impacts language). Hammann made a motion, seconded by Braunschweig to amend the amendment to include individual votes on items 6, 7 & 9. Motion approved 6-1 with Skinner opposing. Additional amendments in regard to conditions as follows:
• Braunschweig/Hammann: motion to include item #6, changing the percentage from 30% to 40%. Motion approved 4-3 with Vrstal, Skinner & Decker opposing.
• Brooks/Hammann: motion to include item #7, changing upon request to monthly. Motion fails 3-4 with Vrstal, Roberts, Braunschweig & Decker opposing.
• Braunschweig/Roberts: motion to include item #7 as written. Motion approved 6-1 with Vrstal opposing.
• Hammann/Skinner: motion to include item #9 as written. Motion fails 2-5 on a roll call vote with Roberts, Vrstal, Braunschweig, Brooks & Decker opposing.
Approval of amendments passes on a 5-2 vote with Decker & Skinner opposing.
Main motion as amended approved 6-1 on a roll call vote with Skinner opposing.

E. Site plan to construct a parking lot at 831 Brown School Road, Roger Berg and John Morning applicant (Application 2008-10).
Roger Berg stated the updated parking plan includes relocated landscaping. Schwecke stated that
27 additional parking spaces are required and he continued with review of the conditions of his
approval. Braunschweig made a motion, seconded by Roberts to approve the application with
conditions as contained in the staff report. Motion approved unanimously.

A. Final land division for one parcel off of Cherry Street, Culbertson Properties LLC, applicant (Application 2008-4).
The preliminary land division application was approved in 2007. Braunschweig made a motion, seconded by Brooks to recommend to Common Council the approval of the final plat of survey prepared by Combs & Associates and have the applicant provide the sewer and water lateral language, as it appears in the staff report, on the plat of survey. Motion approved unanimously.

B. Variance for Celtic Ridge (Application 2008-9) - Withdrawn

C. Preliminary land division for 85 residential parcels off of North Fourth Street (Celtic Ridge), Dysis Group applicant (Roger Berg, Daryl Fox, Ed Francois and Rick Francois) (Application 2008-6).
Roger Berg and Daryl Fox explained the history of the property and the proposed land division. Schwecke presented his report. The development will occur in three phases. There is one oversized lot with the intent to be a planned development district in the future. At the request of Roger Berg, Schwecke read into the record the General Findings and the Findings Related to the Public Interest, as printed in his report. Decker opened the public hearing at 8:17 p.m. Blaine Ellison stated that although this is not wetland, he has concerns about how wet it is. He is concerned that Clifton Street will need to be redone due to traffic during the lift station construction. Decker closed the public hearing at 8:19 p.m. Braunschweig made a motion, seconded by Hammann to recommend to Common Council the approval of the division of the subject property into the lots as generally shown on the preliminary subdivision plat, based on the findings enumerated in the staff report, provided the conditions of approval enumerated in the staff report are met along with those as may be imposed by the Commission, which adds Item #4 from the email of March 3, 2008 from Dave Sauer, changing Lot 37 to read Lot 39 in conditions #3, 7 & 20 and adding a requirement for a traffic impact report to be included in the final land developer agreement. Motion approved unanimously.

F. Site plan for Evansville Community/Senior Center, Evansville Senior Center applicant (Application 2008-11).
Decker removed herself from the table due to her involvement with this project. Scott Roltgen, Excel Engineering Inc; and Janis Ringhand reviewed the preliminary drawings, outlined the steps required to complete this project and the planned uses for the facility. A certified survey will be done to combine the three parcels into one. Schwecke stated the property is in the Light Industrial District (I-1) and the proposed use is allowed by right. He added that the design of the building is exceptional and compliments the site. Roberts made a motion, seconded by Brooks to approve the application with conditions as contained in the staff report. Motion approved unanimously.

Decker returned to the table.

G. Amendment of the subdivision regulations (Chapter 110) relating to fee in lieu of parkland dedication.
Wietecha explained that there is little change between this ordinance and the one previously in force. Decker opened the public hearing at 9:22 p.m. No one spoke. Decker closed the public hearing at 9:23 p.m. Braunschweig made a motion, seconded by Roberts to recommend to Council the adoption of Ordinance #2008-3 as drafted. Braunschweig made a motion, seconded by Roberts to amend the main motion by specifying that the fee is to be proportional to the need for acquisition or initial improvement of land for public parks and removing all language starting at Criteria for adjustment in Sec 110-192(b)(6). Motion approved unanimously. Main motion, as amended approved unanimously.

7. Discussion Items. None.

8. Preliminary Development Presentations. None.

9. Rock County Smart Growth Plan. Decker stated the Ag Element was approved and they are beginning the Land Use Element. The next meeting is April 3, 2008.

10. Site Plan Amendments. None.

11. CRS Application. Schwecke stated that a date is being scheduled for meeting with FEMA.

12. Redevelopment Authority. None.

13. Historic Preservation Commission. None.

14. Evansville-Union Implementation Committee. Hammann stated the next meeting will include reviewing parks and trails.

15. ULDC Advisory Committee. Hammann stated they recommended filling the vacancy on the committee with a representative from the real estate industry.

16. Common Council Actions. Nothing new to report.

17. Board of Appeals. None.

18. Enforcement. None.

19. Upcoming Meeting Dates. The next regular meeting date is Monday, March 31, 2008.

20. Adjournment. Hammann made a motion, seconded by Braunschweig, to adjourn the meeting at 9:40 p.m. Motion approved unanimously.


Prepared by:
Judy Walton
City Clerk

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