Mayor Lois called the Plan Commission meeting to order this Tuesday evening at 6:30 p.m. followed by roll call: Commissioners Bob Schulte, John Thate, Darrel Eisenhart,

Tom Vos, and Bob Henney. Commissioner John Lynch Jr. and Town of Burlington Representative Phil Peterson were absent. Also present were City Administrator David Torgler; Building Inspector Patrick Scherrer; Alderman Katie Simenson; Alderman Bob Prailes and Patrick Meehan of Meehan & Company, Inc.

Commissioner Thate moved and Commissioner Vos seconded to approve the minutes of April 10, 2007. All were in favor and the motion carried.

Citizen Comments – None.

Mayor Lois opened the public hearing at 6:31 p.m.

There were no comments.

Commissioner Schulte moved and Commissioner Vos seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:32 pm.

Mayor Lois opened the public hearing at 6:32 p.m.

There were no comments.

Commissioner Lynch arrived at the meeting at 6:32 p.m.

Commissioner Vos moved and Commissioner Henney seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:32 p.m.

Mayor Lois opened the public hearing at 6:32 p.m.

There were no comments.

Commissioner Vos moved and Commissioner Thate seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:33 p.m.

Mayor Lois opened the public hearing at 6:33 p.m.

There were no comments.

Commissioner Schulte moved and Commissioner Thate seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:34 p.m.

Mayor Lois opened this issue for discussion.

There were no comments.

Commissioner Vos moved and Commissioner Henney seconded to approve a Conditional Use Application and a Site Plan Application from the City of Burlington - Water Utility for property located at Liberty Drive and STH 83 for the construction of the pump house for Well #11, subject to Patrick Meehan’s March 31, 2007 memo to the Plan Commission as follows:

• Subject to the drawings submitted by the applicant and any other conditions required by the Plan Commission, City Administrator, City Engineer, and/or City Attorney.

• That the Plan Commission hold a formal public hearing on the applicant's proposed water utility pump building Conditional Use following the requirements of Section 315-130 of the City Zoning Ordinance regarding "Conditional Use Permits."

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Commissioner Vos questioned if the landscaping would be addressed. Mr. Joe Raboine of Harmony Outdoor Living, Inc. stated that it would be taken care of.

Questions were also raised regarding the driveway width to the property and the number and size of semis going in and out. Administrator Torgler noted that Mr. Raboine would deal directly with the City Engineer regarding any issues with the driveway width.

Commissioner Thate moved and Commissioner Henney seconded to approve a Conditional Use Application and Site Plan Application from Joseph Raboine of Harmony Outdoor Living, Inc. for property located at 120 Industrial Drive for contractor offices, storage and light assembly, subject to Patrick Meehan’s April 30, 2007 memo to the Plan Commission as follows:

• A revised site plan must be resubmitted to the City Engineer for review regarding the following:

• The additional five parking stalls are proposed to be installed using porous paver for their surface. The use of porous pavers is encouraged, as it will allow runoff to remain on site and infiltrate into the ground. The use of the porous pavers will minimize the increase, if not decrease the runoff from the current site conditions. Storm water management will not be required for the site, as the proposed impervious area is not increasing.

• Provide minimum drainage arrows on the plan. Also provide the drainage arrows for the main gravel and asphalt lots along with the runoff directions at the rear and sides of the buildings. The storm water management section of the addendum to the application describes the flow paths as converging on the center drive and then out to the street. From a field observation of the site it appears there is a high point in the entrance drive preventing the rear asphalt area from going to the street. This in fact appears to flow north to the juncture of the asphalt lot and gravel lot and then to the east to the property line. It is not necessary to have a complete topography of the site at this time but the accurate flow directions are necessary.

• In regards to the outdoor storage materials, further information is required on the concrete block bins. Specifically if they are going to be covered or not. The concern is if materials such as sand, gravel or dirt are left in uncovered bins facing the direction that the drainage runs off, the material from the bins is going to wash across the asphalt parking lot, down to Industrial Drive and then into the storm system. Also if this material washes into the porous pavers it will clog them retarding their function ability.

• In regards to the landscaping, a couple of Juniper bushes are shown as being in or near the 12’ front utility easement. It may be required that you contact the owner of the utility easement to see if this is appropriate for the underground utility.

• That the Plan Commission hold a formal public hearing on the applicant's proposal following the requirements of Section 315-130 of the City Zoning Ordinance regarding "Conditional Use Permits."

• Subject to the drawings and written materials submitted.

• The proposed "New Bin Blocks" and "Brick Pallet Storage" on the proposed Site Plan appear to be less than one (1) foot from the east property line and must be a minimum of 10 feet from that lot line. A revised Site Plan must be submitted to the City staff indicating this correction.

• The proposed "New Bin Blocks" on the proposed Site Plan appear to be less than one (1) foot from the "Office/Warehouse" building and must be a minimum of five (5) feet from that principal structure. A revised Site Plan must be submitted to the City staff indicating this correction.

• The proposed "New Bin Blocks" and "Brick Pallet Storage" on the proposed Site Plan appear to occupy considerably more than the allowed 50 percent of the rear yard and side yard of the subject property. A revised Site Plan must be submitted to the City staff indicating this correction.

• Based upon the requirements of Section 315-48(H) and Table 4 of the City Zoning Ordinance, one (1) off-street parking space must be indicated on a revised Site Plan to serve persons with disabilities and the revised Site Plan submitted to the City staff.

• Based upon the Site Plan submitted, it appears that proposed numbered spaces 8 through 12 do not the requirements of Section 315-48(M) of the City Zoning Code. The spaces and the area to the east within which they are located must be reconfigured by the applicant on a revised Site Plan in order to meet the 45 foot width requirement and that a revised Site Plan must be submitted to the City staff addressing this issue.

• Based upon the Site Plan submitted, it appears that the requirements of Section 315-48(E)(1) have not been met since the proposed truck/trailer parking lot is proposed to be a gravel lot on the Site Plan. This parking area must be improved with either asphalt or concrete pavement and a revised Site Plan submitted to the City staff addressing this issue.

• If any new lighting is proposed by the applicant for the proposed use at the subject property (as suggested in the submitted "Conditional Use Addendum for Harmony Outdoor Living, Inc." dated 4/12/07), Sections 315-137(25) and 315-31(H) of the City Zoning Ordinance indicate, in part, that a Lighting Plan meeting the following requirements must be submitted and have, at a minimum, the following elements:

• A catalog page, cut sheet, or photograph of the luminaire including the mounting method, a graphic depiction of the luminaire lamp (or bulb) concealment, and graphic depiction of light cut-off angles.

• A photometric data test report of the proposed luminaire graphically showing the lighting distribution in all angles vertically and horizontally around the luminaire.

• A plot plan, drawn to a recognized engineering or architectural scale, indicating the location of the luminaire(s) proposed, mounting and/or installation height in feet, the overall illumination levels (in footcandles) and lighting uniformities on the site, and the illumination levels (in footcandles) at the property boundary lines. This may be accomplished by means of an isolux curve or computer printout projecting the illumination levels. This data has been submitted by the applicant.

• Exterior lighting in the B-1 District shall be limited to total cut-off type luminaires (with angle greater than 90 degrees). The maximum permitted illumination shall be two (2) footcandles (as measured at the property line) and the maximum permitted luminaire height shall be 28 feet as measured from surrounding grade to the bottom of the luminaire.

• The proposed ground-mounted sign must be moved based upon the requirements included in Section 315-46(A) in the City Zoning Code and a revised Site Plan submitted to the City staff.

• Outdoor lighting data is required which indicates location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site. It is recommended that total cut-off luminaires be used throughout the site meeting the requirements of Sections 315-137(C)(25) of the City Zoning Ordinance.

• Pursuant to the requirements of Section 315-137(C)(16) of the City Zoning Ordinance, stormwater management facilities (if any) and stormwater calculations (if required by the City Engineer) must be submitted and reviewed and approved by the City Engineer.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Commissioner Vos questioned if this site was in addition to Mr. Way’s current location on Hwy 36. Mr. Jeff Way, applicant for this project, confirmed that at this time this location was in addition to his current location. Mayor Lois wanted to note that there are numerous issues that needed be addressed including parking and lighting issues.

Mr. Way expressed his disagreement regarding the City’s parking requirements. Further discussion ensued regarding parking space issues as well as various other City car lots and their requirements.

Mr. Meehan went over the items in his memo that needed to be addressed including trash dumpsters; sign and sign pole and fencing; parking and aisles; lighting and auto storage. After further discussion, it was determined that this issue should be tabled until next month’s Plan Commission meeting to allow for a staff level meeting to address each item in Mr. Meehan’s memo.

Commissioner Thate moved and Commissioner Vos seconded to table this item until the June Plan Commission meeting. All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Administrator Torgler wanted to confirm that the applicant, Mr. Meinen, understood that he would have to go before the Board of Zoning Appeals regarding the parking due to the small size of the lot. Mr. Meinen stated that he understood.

Commissioner Lynch moved and Commissioner Schulte seconded to approve a Conditional Use Application and Site Plan Application from Gerald Meinen for property 381 W. Market Street for use as a bait and tackle shop, subject to Kapur and Associates, Inc. May 3, 2007 memo as well as Patrick Meehan’s April 30, 2007 memo to the Plan Commission as follows:

• The site plan must be revised and submitted for review including the following:

• The existing parking/driving area to the front of the building is gravel. No alterations to the proposed gravel are being proposed at this time. Section 315-48(E)(1) of the City Zoning Code requires that the site must be improved with asphalt or concrete with a change in use. Plans must be provided showing the extent of the improvements along with parking and drives dimensions.

• Existing drive entrances must be used and parking must be provided in front of the store.

• Storm water management will not be required. The discharge factor or curve number for the current gravel lot is the same discharge factor as asphalt or concrete, therefore there will be no net increase in runoff from improving the lot.

• The drive lane proved on the site plan is only 8’ wide. A minimum of 24’ wide drive is required for two-way traffic; 14’ is allowable if traffic has only 1 direction.

• The existing driveway entrances and dimensions must be shown on the site plan.

• That the Plan Commission hold a formal public hearing on the applicant's proposal following the requirements of Section 315-130 of the City Zoning Ordinance regarding "Conditional Use Permits."

• The proposed number of off-street parking spaces (four) does meets the code requirement and one (1) additional off-street parking space must be provided and indicated on a revised Site Plan submitted to the City staff.

• Also, based upon the requirements of Section 315-48(H) and Table 4 of the City Zoning Ordinance, a minimum of one (1) of the off-street parking spaces provided must be indicated on a revised Site Plan to serve persons with disabilities and the revised Site Plan submitted to the City staff.

• The memorandum to Pat Scherrer, City of Burlington from Jerry and Ronnie Meinen dated 4/4/07 (1 page) submitted to the City by the applicant, indicates that the dumpster will be moved to a location in front of the shed.

• Based upon the Site Plan submitted, it appears that the requirements in Section 315-48(M) are not met by the applicant for single row and aisle of 90-degree parking spaces. Due to the short lot depth of the subject property as it abuts Market Street, it appears that this would be difficult to achieve and still have a developable lot remaining. Therefore, a variance from this requirement from the Zoning Board of Appeals must be applied for and granted.

• The proposed Site Plan indicates the proposed parking area to be gravel. The off-street parking area must be paved with asphalt or concrete and this must be indicated on a revised Site Plan and the revised Site Plan submitted to the City staff.

• The preparer and date of the Site Plan drawing must be indicated on the revised Site Plan.

• The site size needs must indicated on the Site Plan.

• The existing and proposed topography must be graphically indicated on the proposed Site Plan as may be required by the City Engineer.

• Any proposed sanitary sewers, storm sewers, and water mains need to be graphically indicated on the proposed Site Plan as may be required by the City Engineer.

• Any proposed stormwater management facilities including stormwater calculations must be submitted to the City meeting the requirements of the City’s stormwater management plan as may be required by the City Engineer.

• If any outdoor lighting is contemplated to serve the off-street parking lot, outdoor lighting data is required which indicates location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site. It is recommended that total cut-off luminaires be used throughout the site meeting the requirements of Sections 315-137(C)(25) of the City Zoning Ordinance.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

There were no comments.

Commissioner Schulte moved and Commissioner Vos seconded to approve a Site Plan Application from Bob Schmaling for property located at 690 W. State Street for use as a food stand outside of Gooseberries Food Market, subject to Patrick Meehan’s April 30, 2007 memo to the Plan Commission as follows:

• Based upon the Site Plan submitted, it appears that the requirements of Section 315-48(B) of the City of Burlington Zoning Code have not been met since the Site Plan proposes to have 8-foot wide persons with disabilities spaces (as well as the two stall abutting them) which are 20 feet in length totaling only 160 square feet . These proposed remarked off-street parking spaces must be increased to a minimum of 9 feet in width and a revised Site Plan submitted to the City which reflects this requirement. Other ADA requirements are also addressed in the City Engineer's report to the Plan Commission dated April 27, 2007.

• Based upon the Site Plan submitted, it appears that the requirements of Section 315-48(M) of the City of Burlington Zoning Code have not been met for those spaces proposed by the installation of the proposed persons with disabilities aisle of off-street parking since only about 61 feet of width is being proposed for a double row of 90 degree parking. The required minimum width of rows and aisles for off-street parking areas must be met unless a variance is applied for and granted by the Zoning Board of Appeals. Therefore, either the Site Plan must be revised by the applicant to meet this requirement and resubmitted to the City or a variance must be applied for by the applicant and granted by the Zoning Board of Appeals.

• If any additional outdoor lighting is proposed, all of the requirements of Section 315-26(P) of the Zoning Ordinance must be met for the new outdoor lighting including the plot plan indicating location of luminaires, installation height, overall illumination in footcandles, the submission of a catalog page, cut sheet, or photograph of the luminaire including the mounting method, a graphic depiction of the luminaire lamp or bulb concealment, and graphic depiction of light cutoff angles.

• A revised Site Plan must be submitted to the City staff which addresses each of the conditions as follows:

• Trash and debris. All trash and debris shall be removed or contained daily.

• Written consent may be required. Written consent from the owner, or authorized agent, of the property shall be provided if required by the Zoning Administrator.

• Signage. All signage shall be according to the City of Burlington sign regulations. Editor's Note: See Art. VII, Signs, of this chapter.

• Removal of materials. All materials shall be removed within three days of the end of the operation.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion and explained to the applicants (Clayton Kruse – Perfection Auto Body and Errol Wilson – Wilson Classic Cars) that if they would go ahead with the rezone to M-1 it would hurt their businesses due to the fact that several of the current uses are not allowed in that district. He suggested that the two applicants work with an attorney to create a condo plat which would allow for each of them to have their own areas with some common areas.

After further discussion, it was determined that this issue should be tabled at this time until the applicants decide which option they would like to go with. Mr. Meehan asked that the applicants submit a letter of to table the issue or withdrawal for the City’s records.

Commissioner Vos moved and Commissioner Thate seconded to table this issue until further notification from the applicants (Clayton Kruse – Perfection Auto Body and Errol Wilson – Wilson Classic Cars). All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Mr. Sandy Cowan, Bear Realty and Mr. Waters agent, was present at the meeting to answer any questions that the Commission had. Commissioner Vos voiced his concern regarding the parking situation and access to adjacent lots as well as the exits from the building being safe enough. Mr. Cowan confirmed that there are three exits from the building.

Building Inspector Patrick Scherrer, explained to Mr. Cowan that in order for the City to do an accurate review, a formal Site Plan indicating what other businesses would be using this property as well as where each businesses parking stall would be.

Commissioner Lynch moved and Commissioner Vos seconded to table until the June Plan Commission meeting. All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Mr. Scherrer wanted to clarify with the Commission that the approved Site Plan has not been implemented and the owner of the property, Mr. Niccolai, would like to hold off on the implementation of the site plan until the land consolidation is complete.

Commissioner Vos moved and Commissioner Henney seconded to extend a Conditional Use Permit (CUP) issued to the State Street Holding Company for the Community, Art, Technology, Health and Education (CATHE) Center, located at 125 E. State Street to allow for a multi-tenant facility subject to Patrick Scherrer’s April 23, 2007 memo to the Plan Commission (on file at City Hall) as well as the submittal of a new Site Plan to the City within one year. All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Mr. Cliff Floerke, Manager of Wal-Mart, stated that he intends to work with the City to fix the landscaping issues on the islands around the store.

Commissioner Lynch moved and Commissioner Vos seconded to extend the Conditional Use Permit (CUP) issued to Wal-Mart Supercenter, subject to Patrick Scherrer’s May 4, 2007 memo to the Plan Commission (on file at City Hall).

All were in favor and the motion carried.

None.

Commissioner Thate moved and Commissioner Vos seconded to adjourn the meeting at 7:34 p.m. All were in favor and the motion carried.

Adjourned at 7:34 p.m.

Recording Secretary – Angela M. Hansen