Planning Commission Meeting Minutes
Monday, April 4, 2005
Commissioner Sharon Braun called the regular meeting of the
Wayne Planning Commission to order at 7:30 p.m. on Monday, April 4, 2005 in the
Council Chambers of the Wayne Municipal Building. Roll call was taken with the following members present: Darrell Miller, Randy Brenner, Sharon Braun,
Kelby Herman, Pat Melena, Kyle Nelson, Don Endicott, Mark Ahmann, and Chief
Inspector/Planner George Ellyson.
Absent: Vicki Pick.
Commissioner Braun stated the next item on the agenda was
the election of officers.
Motion made by Commissioner Endicott and seconded by
Commissioner Ahmann to elect Sharon Braun as the Chair. Commissioner Brenner stated the motion and
second. Commissioner Endicott asked if
anyone was opposed. All were in favor;
Sharon Braun was elected the Chair of the Planning Commission.
Chair Braun stated the next position to be elected was for
the position of Vice-Chair. Chair Braun
asked for any nominations. Motion made
by Commissioner Endicott and seconded by Commissioner Ahmann to elect Randy
Brenner as the Vice-Chair. Chair Braun
stated the motion and second. All were
in favor; motion carried unanimously and Randy Brenner was elected as
Vice-Chair of the Planning Commission.
Chair Braun stated the next position was for the election of
a Secretary. Chair Braun asked for any
nominations. Motion made by
Commissioner Endicott and seconded by Commissioner Ahmann to elect Darrell
Miller as Secretary. Chair Braun stated
the motion and second. All were in
favor; motion carried unanimously and Darrell Miller was elected as Secretary
of the Planning Commission.
Chair Braun stated the next item on the agenda was the
appointment of an alternate to the Board of Adjustment. Inspector Ellyson stated that one Planning
Commission member is selected to serve as an alternate to the Board of
Adjustment. Inspector Ellyson stated
that in the last six years, the Board has met maybe three or four times. Basically the Board of Adjustment is the
entity that grants variances to zoning regulations or would be the authority
that would hear an appeal of his decision as zoning administrator. There is required to be an alternate from
the Planning Commission named to the Board of Adjustment.
Motion made by Commissioner Miller and seconded by
Commissioner Brenner to nominate Commissioner Endicott. Chair Braun stated the motion and
second. All were in favor; motion
carried unanimously.
Chair Braun stated the next item on the agenda was the
approval of the minutes. Motion made by
Commissioner Endicott and seconded by Commissioner Nelson to approve the
minutes as presented for March 7, 2005.
Chair Braun stated the motion and second. All were in favor; motion carried unanimously.
Chair Braun stated the time was at hand for the first public
hearing regarding the Request to Rezone from A-1 to A-2, applicant Doris Lutt.
Inspector Ellyson stated that he had prepared an overhead
showing the area of the rezoning request.
He stated that the airport regulations impact this area to a degree with
what is called an Approach Zone. The
applicants are desirous to change the zoning from A-1 Agricultural to A-2
Agricultural Residential, primarily because the applicants want to sell-off the
homestead. Zoning language in the A-1
district requires a ten-acre lot. The
applicants did not want to identify ten acres to meet A-1 requirements so they
are requesting an A-2 zoning for the entire 80 plus or minus area.
Inspector Ellyson stated that Mrs. Doris Lutt was present at
the meeting to answer any questions the Commission may have.
Commissioner Ahmann questioned if the grass runway was far
enough to the east that it would not be affected by Runway 35. Inspector Ellyson stated that would be
correct. Runway 35 does not affect this
request.
Commissioner Miller questioned if this would make any
difference if it was commercial or residential in the area of the
fly-zone. Is there any difference with
respect to flight paths whether it is residential or commercial?
Inspector Ellyson stated that there was none. If it is within the fly-wedge or fly-zone,
the approach zone to the runway, they the airport zoning regulations would
apply as far as building height, but that would be it as far as its use.
Chair Braun questioned Mrs. Lutt if she had ever granted an
easement to the city for a Clear Zone easement. Since the airport is so close, the city obtained easements from
some of the neighboring property owners.
Inspector Ellyson thought it should apply to any of the runways.
Chair Braun asked if there were any comments from either the
applicant or those in attendance.
Hollis Frese, 810 West 3rd Street, was concerned
with drainage. Inspector Ellyson stated
that should the area ever be contemplated for subdivision that is one of the biggest
issues that the Planning Commission and the engineer for the subdivider is a
primary function that will be looked at.
There being no further comments, Chair Braun closed the
public hearing and opened discussion among the Commission. Motion made by Commissioner Endicott and
seconded by Commissioner Melena to approve and forward a recommendation of
approval to the City Council for the request to rezone from A-1 Agricultural to
A-2 Agricultural Residential with the applicant being Doris Lutt. Chair Braun stated the motion and
second. All were in favor; motion
carried unanimously.
Chair Braun stated the time was at hand for the second
public hearing regarding amending the Wayne Municipal Code Section 90-711
Mobile Home and Manufacture Home Regulations.
Inspector Ellyson stated that included in the Commission's
packet was information concerning modifying the existing moving ordinance in
both zoning and municipal code sections.
The Commission is being asked to look at the zoning section only and how
they would be modified. Inspector
Ellyson also provided the Commission the municipal code section 18-301
regarding the moving ordinance. The
black print represents existing language and the red indicates proposed
language. The red print in the
municipal code section identifies and gives authority to Inspector Ellyson to
waive some of the twenty requirements, but yet identifies eight other
requirements that must also be included in moving a mobile home into the
corporate or territorial zoning jurisdiction of Wayne. Inspector Ellyson stated that he wanted to
provide the municipal code section to allow the Commission to better understand
the reasons behind amending the zoning language. Section 18-302 reduces the bond fee to $300 from the $10 per
square foot. Section 90-711 is the area
the Commission needs to consider.
Commissioner Miller questioned Section 18-301(b)
specifically RV's. Inspector Ellyson
stated that needs to be amended to read Recreational Vehicle. Commissioner
Miller opined that it would be unusual for an RV to move through the
streets. Inspector Ellyson stated that
they can. Commissioner Miller was
questioning if it was the larger RVs with bump-outs on the sides. Inspector Ellyson stated that RVs not only
include the self-propelled, but they also include pull behind and towed RVs.
Commissioner Miller questioned Section 18-301(f) and wanted
to know why egress windows were not included in basement, as it is becoming
more and more common to put full foundations under the mobile or manufactured
homes.
Inspector Ellyson stated that if they were set down on a
foundation then the space is identified as a crawl space, but if a complete
basement is excavated then a building permit is required and egress windows
would apply to that.
Commissioner Miller also questioned Section 90-711(c)(2) and
asked if the minimum of 18 feet wide referenced mobile home or manufactured
home. Inspector Ellyson stated that was
correct.
Chair Braun asked for any comments from the public. There being no further discussion, Chair
Braun closed the public hearing.
Commissioner Melena made a motion and was seconded by Commissioner
Endicott to approve and forward a recommendation of approval to the City
Council amending the Wayne Municipal Code Section 90-711 Mobile Home and
Manufactured Homes. Chair Braun stated
the motion and second. All were in
favor; motion carried unanimously.
Chair Braun stated the next agenda item was the discussion
and recommendation for the Tax Increment Financing (TIF) Agreement for 1031 NNN
Properties.
City Administrator Lowell Johnson was present to discuss the
TIF Agreement for 1031 NNN Properties.
Enclosed with the Commission's packet was an application form from 1031
NNN Properties, proposed agreement draft and some additional information sent
by Administrator Johnson after the packet had been sent out. Administrator Johnson stated three criteria
listed in the agreement that need to happen in order to make the TIF work. First, the project would not happen because
of cost and without some help from the city.
Second, the project would not happen in the location for development the
city prefers. Thirdly, it must meet the
criteria for the Community Redevelopment Act.
Administrator Johnson explained the Tax Increment Financing
process as outlined in the memo he had sent to the Commission members (copy
attached). Administrator Johnson
further stated that the Council is the governing body that makes the contact
with the developer, not the Commission.
The Commission only needs to make a recommendation to the Council.
Administrator Johnson stated that when the developer came to
Wayne looking around there were no targeted areas for redevelopment, but the
developer heard that Wayne East was awarded TIF from the city. The developer
approached the city about TIF funds but the city had no targeted areas for
redevelopment. The city visited with
the Northeast Economic Development District (NEDD) and they said why not look
at the entire east side of Wayne. The
developer is looking at a small four store strip mall.
Administrator Johnson stated that the city is looking at one
more targeted area, which would include the area west of Pac-N-Save. This area drains east to the activity center
area, as well as the area north of and including the cemetery. This may be a blighted and substandard area
based more on the drainage problem than the buildings.
Inspector Ellyson opined that one of the biggest assets of
the TIF is the allocation of monies that go towards the school district also.
Commissioner Brenner questioned if Wayne East was the other
project that received TIF, other than the Oaks. Commissioner Brenner also questioned the percentage of land that
can be in a TIF.
Administrator Johnson stated that the area can be no more
than 35% of the total area of the TIF.
The total area of Wayne is around 1,400 acres and this area is roughly 8
acres or less than 7 percent.
Commissioner Brenner questioned how long this area will be
considered blighted and substandard.
Administrator Johnson stated that the area is considered
blighted and substandard indefinitely unless something changes.
Inspector Ellyson stated that a project could go on for
twenty years even if it was started today that project would be financed over
14 years.
Commissioner Miller questioned who fronts the attorney
fees? Administrator Johnson stated that
the developer pays all the attorney fees.
Chair Braun asked if there was a motion to forward a
recommendation to the City Council.
Commissioner Miller made a motion to recommend the Tax Increment
Financing Agreement for 1031 NNN Properties.
Commissioner Herman questioned if there was discussion before a
recommendation was made. Chair Braun
stated that discussion could take place prior to a motion.
Commissioner Herman questioned why the company had already
purchased the land, before the financing was approved, was this part of a prior
agreement, that the city would provide the financing as part of the
purchase. Commissioner Herman opined
that when financing is provided for this strip mall and one of the businesses
is going to be a video store, is the city financing to provide competition for
Captain Video or the movie theatre and taxpayers are going to subsidize that
and you could potentially see one or both of the businesses going out of
business due to the city subsidizing this new project.
Administrator Johnson stated that the company purchased the
land not knowing whether or not they would get the financing. Administrator Johnson stated that he was not
working for the city during the TIF process for Wayne East. However, the theory is that development
builds momentum that builds development.
This is a little different than the TIF process for Wayne East. That was a direct business – a gas
station. This development is a strip mall
and there may or may not be a Movie Gallery.
What the city is financing is not the Movie Gallery but the strip mall
itself. Administrator Johnson stated
that he is sure two of the spaces have been leased – Edward Jones and a video
rental store.
Commissioner Herman opined that in this particular case the
company invested $156,000, why would the city necessarily need to give the
developer $90,000 when if the city tells them no, the chances of the developer
continuing are high. Commissioner
Herman opined that if a developer is willing to pay a certain dollar amount to
get into town, then why would the City want to lure them to town; the developer
is already invested in the town.
Commissioner Brenner opined that no ground has been broken
as of yet and the prior owner already had commitments from Movie Gallery and
Edward Jones beforehand and did not have the other two spaces leased yet and
did not want to take the risk of leaving them empty. Commissioner Brenner further opined that he does not know if the
project will go forward with or without the TIF financing.
Commissioner Herman opined that he is all for the project,
but if he were an investor/builder and put $156,000 on the table, I would build
and not hold onto the land hoping to get more.
Administrator Johnson stated that he wanted to clarify that
the taxpayers are not subsidizing the project; the project subsidizes itself.
Chair Braun stated that a motion had been made and asked if
there was a second. Commissioner Ahmann
seconded the motion. Chair Braun stated
the motion and second. All were in
favor, with the exception of Commissioner Herman who noted nay; motion carried.
Chair Braun stated the last agenda item was the discussion
of potential amendments to the Wayne Municipal Code Zoning Districts B-1, B-2,
and B-3.
Inspector Ellyson stated that at the last Commission
meeting, many of the members were not present.
The general discussion and/or consensus of those present were to set
this agenda item aside until more members were present in hopes of there being
better and more discussion. The meeting
before that, it was asked of the Commission members to bring forward conditions
they felt appropriate to the zoning districts being proposed for amending.
Commissioner Endicott handed out some information to the
Commission members regarding the agenda item.
Commissioner Endicott further noted that he had spent most of the day
talking to people in various other communities, including real estate people,
business owners, newspaper people, and chamber executives. Commissioner Endicott noted that each
community was different in regards to big box stores. The general consensus for most people as the communities are not
located near larger shopping areas was that it was a good thing. However, while visiting with those located
in downtown areas they did not think it was a good thing.
Commissioner Endicott noted that he had visited with on
person in particular from Beatrice. He
is one of the key people involved with the Beatrice Main Street program. His comments were negative. Commissioner Endicott opined that it
depended on who he spoke with and the type of comments received.
Commissioner Endicott questioned when a census is taken on a
community, is it basically the same regulations and laws for all the states –
is every community the same? Isn't that
a federal thing?
Inspector Ellyson stated he did not believe it was.
Commissioner Endicott was questioning this process because
during the course of a conversation with a gentleman from Chadron, their census
does not include the college, where Wayne's census does include the
college. Commissioner Endicott was
questioning this.
Commissioner Miller questioned if that only included those
students off campus.
Inspector Ellyson opined that he believed the population is
based on the number of registered voters.
The ward map identifies the number of participants registered to vote
within the city.
Commissioner Ahmann opined it may also depend on where the
individual is registered to vote – whether it is their home town or the
community wherein they reside.
Inspector Ellyson noted that the college really affected the
skew of the ward map. Prior, the wards were basically quartered off.
Chair Braun opined that since there are three new members,
the Commission may want to table this discussion item one more month.
Commissioner Endicott opined that some discussion could
occur so that those new members would have some understanding of the agenda
item.
Commissioner Endicott noted that basically the concern is
big box stores coming into the community of Wayne. One of the concerns is the impact the big box stores will have on
the community, such as the tax base.
Commissioner Brenner opined that he had read the material a
couple times since Commissioner Endicott handed out the information last
December. Commissioner Brenner stated
that he had highlighted some points of interest that may be good information to
begin building an impact study. As a
Planning Commission, Commissioner Brenner opined that they need to put together
the criteria for an impact study and get it listed in good language that can be
understood by anyone. Then the Planning
Commission and Council at that time has the option to look at the impact study,
independently done and say yes, it will be good for the community or say no,
this is not the direction the community needs to go. Commissioner Brenner opined that this gives the option of
reviewing the impact study from an independent source. Secondly, if the okay is given for the
company to come into Wayne, then go to plan B and set out some criteria for
them to follow, such as lighting, are they open 24-hours, how does this affect
the neighborhood, is there parking lot concrete or asphalt, what kind of
building is it structurally (concrete, brick), landscaping. Commissioner Brenner opined that the
Commission needs to be prepared to do both things, an impact study and certain
criteria that need to be met.
Inspector Ellyson noted that now is the time to remind the
Commission, that a legal use whether it is something they agree with or
disagree with, as with the adult oriented business, it is still identified as a
legal use. The responsibility of the
Planning Commission is to provide a place for a legal use. Inspector Ellyson noted that a place has
been provided for a legal use, the Commission cannot discriminate against that
use based on size, product, or other; it is still a legal use. The Commission can however provide a
way/vehicle that the legal use is acceptable within the community itself. Inspector Ellyson asked the Commission to
keep in mind, that a large retail box outlet is a legal use.
Commissioner Brenner questioned if it was worth going
through an impact study.
Inspector Ellyson opined that within the confines of the
zoning designation area that this language seems to place. Inspector Ellyson opined that it might be in
the community interest. The function of
the Planning Commission is land use and how it is used, whether it is for the
advantage of the community in the commercial zoning district or the residential
or industrial. It is important to
identify those conditions that the community wants an entity greater than some
number of square feet, to demonstrate to the community.
Commissioner Brenner asked how they should list the
criteria. Inspector Ellyson stated that
the Commission only needs to bring the list and that he and the attorney would
draft the language to submit to the Commission.
Commissioner Brenner asked if the impact study would be one
and the list of criteria/conditions would be another. Inspector Ellyson stated that the criteria and/or conditions may
be part of the impact study.
Inspector Ellyson cautioned the Commission that the
conditions reflect conditions that are perceived by the community to be of value. For example, justify why 40% brick front is
better than 20% brick front and vise versa.
The conditions, should not become personal choices, but rather consider
conditions that reflect the idea, purpose, and objective of the Commission –
land use and community values and standards that address community issues and
not personal issues.
Chair Braun asked about gathering information from another
community such as Kearney or Blair regarding an impact study. Commissioner Endicott stated that the Commission
would need to go outside of the state to find that information.
Commissioner Ahmann suggested that the Commission read
through the information distributed by Commissioner Endicott, specifically the
information on Greenfield, Massachusetts.
Commissioner Ahmann further suggested that someone contact Greenfield to
find out exactly the wording of their impact study and exactly what they
required in their impact study.
Commissioner Brenner opined that this is relatively new to
the Midwest. Most of the communities
listed in the information distributed by Commissioner Endicott are from
communities in the states of Florida, Idaho, Massachusetts, New Hampshire, and
Oregon. Due to population base, the
Midwest is later behind and may need to go outside of the state to find
examples.
Chair Braun opined that the Commission may be able to find
some information in Omaha. Chair Braun
noted that she has been reading the Omaha World Herald and finding that their
Planning Commission has been setting forth all the criteria for the large strip
malls. Chair Braun stated that she
could look into gathering some information from Omaha and Greenfield and what
they require and try to have some information for the next meeting.
Chair Braun stated that the next meeting will be Monday, May
2, at 7:30 p.m.
Commissioner Ahmann noted that Greenfield, Massachusetts is
approximately 98 miles from Boston and has a population base of about 18,000.
Administrator Johnson reviewed with the Commission the
census tracking system for the college.
There being no further business, motion was made by
Commissioner Nelson and seconded by Commissioner Melena to adjourn the
meeting. Chair Braun stated the motion
and second. All were in favor; motion
carried unanimously; meeting was adjourned.
