Minutes: Plan Commission: August 2013:

City of Evansville Plan Commission Regular Meeting Tuesday, August 6, 2013, 6:00 p.m. Creekside Place, 102 Maple Street MINUTES 1. Call to Order. The meeting was called to order at 6:01 pm by Mayor Sandy Decker. 2. Roll Call. Members present: Mason Braunschweig, Mayor Sandy Decker, Matt Eaton, John Gishnock, Bill Hammann, and Jon Senn. Members absent: Carol Endres. Others present: Community Development Director Nicole Sidoff and members of the public. 3. Approval of Agenda. Braunschweig made a motion, seconded by Senn, to approve the agenda. Motion approved 6-0. 4. Approval of Minutes. Braunschweig made a motion, seconded by Hammann, to waive the reading of the minutes from the July 1, 2013 regular meeting and approve them as printed. Motion approved 6-0. 5. Civility Reminder. Decker noted the monthly civility reminder. 6. Citizen appearances other than agenda items listed. None. 7. New Business a. Public Hearing concerning a proposed application for a Conditional Use Permit request for 498 Water Street to permit a vehicle repair and maintenance facility in an I-1 (Light Industrial) District i. Initial Staff and Applicant Comments - Sidoff explained that the applicant was currently operating a vehicle repair and maintenance business at 170 S. Union Street, which is in the wellhead protection zone. The applicant was looking for a new space outside of the wellhead protection zone, and 498 Water Street is outside of that zone. Additionally, a vehicle repair and maintenance facility had been approved for the 498 Water Street location in the past. ii. Public Hearing - Mayor Decker opened the public hearing at 6:04 pm. Tim Magee, 528 Water Street, noted that he thought the proposed conditions were appropriate, as they would prevent junked vehicles from being stored on the parcel. Mayor Decker closed the public hearing at 6:05 pm. iii. Plan Commissioner Questions and Comments - Braunschweig suggested that the sixth condition, which is related to hours of operation, should be amended to allow the business to be open until 7 pm, which would allow residents that work out of town to “shop local”. Plan Commission members discussed reasonable hours for an auto repair business in that neighborhood and agreed that 7 am to 7 pm would be acceptable. iv. Motion - Motion by Braunschweig, seconded by Hammann to approve issuance of a Conditional Use Permit for Vehicle Repair and Maintenance for 498 Water Street, finding that the benefits of the use outweigh any potential adverse impacts, and that the proposed use is consistent with the required standards and criteria for issuance of a CUP set forth in Section 130-104(3)(a) through (e) of the Zoning Ordinance. The Permit is approved subject to the following conditions: 1. The business operator, now and in the future, shall comply with all provisions in the City’s Zoning Code, as may be amended, related to vehicle repair and maintenance (Section 130-417). 2. No vehicles associated with the vehicle repair and maintenance business or being served by the vehicle repair and maintenance business may be stored off-site or on City streets. 3. No vehicles being serviced by the vehicle repair and maintenance business may be stored at the facility for longer than 4 weeks. 4. No more than 12 customer vehicles being serviced by the vehicle repair and maintenance business shall be parked on the subject property at any point in time. 5. No items associated with the vehicle repair and maintenance business may be stored outside, other than what is expressly allowed under these conditions. 6. Hours of operation shall be limited to Monday-Saturday: 7 am – 7 pm. (Changed from 8 am - 5 pm). 7. All regulations by other governmental entities pertaining to the use shall be adhered to at all times. 8. The use shall comply with Article III of Chapter 130 at all times (Article III concerns performance standards). b. Public Hearing concerning a proposed application for a Conditional Use Permit request for 40 W. Liberty Street to permit a duplex in an R-1 District i. Initial Staff and Applicant Comments - Sidoff explained that the applicant was looking to combine a house and a cottage into one structure to meet the family’s needs for more space. The existing house and cottage are currently non-conforming, and it was determined that only way to expand the cottage while complying with the City’s Zoning Code was to combine the two structures and operate them as a duplex. Because the property is in a Historic Preservation District, the applicant was required to take their plans to the Historic Preservation Commission for review. The HPC approved the plans to combine the house and cottage. Braunschweig asked for clarification on the site map regarding where the new construction would be. ii. Public Hearing - Mayor Decker opened the public hearing at 6:12 pm. There were no public comments. Mayor Decker closed the public hearing at 6:13 pm. iii. Plan Commissioner Questions and Comments - Hammann asked how many square feet the applicant was adding. Applicant Nicole Batinich noted that they would be adding 575 square feet. iv. Motion - Braunschweig made a motion, seconded by Hammann to approve issuance of a Conditional Use Permit for a duplex at 40 W. Liberty Street/128 S. First Street, finding that the benefits of the use outweigh any potential adverse impacts, and that the proposed use is consistent with the required standards and criteria for issuance of a CUP set forth in Section 130-104(3)(a) through (e) of the Zoning Ordinance. c. Update on City of Evansville Park and Outdoor Recreation Plan - Sidoff noted that the Park and Recreation Board (PRB) is doing a prioritization of recommendations this week and discussing the results at their meeting next week. The PRB will review the final draft of the Plan at their September meeting, and the Plan will come to Plan Commission to review and recommend to Common Council in October. 8. Monthly Reports a. Report on other permitting activity by Zoning Administrator. Sidoff noted she has been assisting Bluescope with the permit application process for replacing their bridge over Allen Creek. b. Report on the Unified Land Development Code Committee. No report. c. Report of the Evansville Historic Preservation Commission. The Commission approved the construction project to convert the property at 40 W. Liberty Street to a duplex, as per the discussion under item 7a. d. Report on Common Council actions relating to Plan Commission recommendations. No report. e. Report on Board of Appeals actions relating to zoning matters. Sidoff noted that Ward-Hurtley Funeral Home is applying for a sign variance, as they would like to have a larger sign than what is allowed in the residential district in which they are located. The Board of Appeals meeting will take place on Monday, August 19 at 5 pm at City Hall. f. Enforcement Report. Sidoff noted that the junked car issues in the City are being dealt with and progress is being made. Additionally, staff realized while dealing with that issue and the wellhead protection zone enforcement that a number of vehicle repair businesses do not have conditional use permits. This issue is being addressed, as per the agenda item earlier tonight and another applicant that will likely be coming forward at the September Plan Commission meeting. 9. Meeting Reminder. The next Plan Commission meeting will be on Tuesday, September 3, 2013 at 6 pm at City Hall. Note the change from the regular day of the week, due to the Labor Day holiday. 10. Adjournment. Hammann made a motion, seconded by Braunschweig, to adjourn at 6:17 pm. Motion approved 6-0. The minutes are not official until approved by the Plan Commission at their next regular meeting.