Planning Commission Meeting Minutes

Monday, June 6, 2005

 

 

Commissioner Sharon Braun called the regular meeting of the Wayne Planning Commission to order at 7:30 p.m., on Monday, June 6, 2005 in the Council Chambers of the Wayne Municipal Building.  Roll call was taken with the following members present:  Darrell Miller, Vicki Pick, Kelby Herman, Pat Melena, Kyle Nelson, Chair Sharon Braun, and Chief Inspector/Planner George Ellyson.  Absent:  Don Endicott, Mark Ahmann, and Randy Brenner.

 

Motion made by Commissioner Miller and seconded by Commissioner Melena to approve the minutes of Monday, May 2, 2005 as presented.  Chair Braun stated the motion and second.  All were in favor, motion carried and the minutes were approved unanimously.

 

Motion made by Commissioner Pick and seconded by Commissioner Herman to approve the minutes of Monday, May 16, 2005 as presented.  Chair Braun stated the motion and second.  All were in favor, motion carried and the minutes were approved unanimously.

 

Before the first public hearing, Chair Braun questioned the Planning Commission if they had any preference (evenings, early week) as to when they would prefer to interview firms regarding the comprehensive plan.  Some discussion took place, with the mentioning of early evening time.

 

Chair Braun stated the time was at hand to open the public hearing regarding a Use by Exception request, Section 90-205(2) Townhouse of Wayne Municipal Code.  The address of the request is 1014 Douglas Street and the applicants are Wayne Area Habitat for Humanity.

 

Chair Braun stated that the Commission would hear comments from the public.  Inspector Ellyson stated that he had not received any more comments other than those shared with the Commission at the May 16 meeting.

 

Chair Braun stated that if anyone wished to address the Commission, they need to state their name and address before the podium prior to speaking.

 

Dan Rose, 1214 Sunset, current President of Habitat for Humanity was present to answer any questions the Commission or public may have.

 

Mr. Rose stated that ownership of the property is official.  Ownership of the property had happened and will become official on June 7.  Habitat will be applying for a razing permit as soon as enough labor is lined up to help.  Habitat does not want the current structure sitting empty any longer.  Once the structure is razed, the lot will be leveled off and then Habitat will maintain the lot.

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Monday, June 6, 2005

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Mr. Rose stated that the family situation has changed a little.  The current family originally selected is on hold.  The family still needs to fulfill some requirements of Habitat, but they are still eligible.  Mr. Rose stated that depending on the family situation, the Board may decide to search for a new family and depending on the outcome, Habitat may have two families.  Mr. Rose distributed plans of the proposed dwelling structure.  Mr. Rose further noted for the Commission that Habitat would prefer to construct both structures at the same time.

 

Inspector Ellyson cautioned the Commission that it is not really the Commission's place to determine the aesthetics of the structure, as much as it is to deal with the issues and the issues alone, whether or not to grant the use by exception. 

 

Chair Braun asked for any further comments from the public.  There being none, Chair Braun closed the public hearing and opened it up for discussion among the Commission.

 

Commissioner Miller opined that this is a good opportunity for the community to provide some nice residences in an income range that the city thinks they need to provide.  The structures being new, there would be limited upkeep and maintenance, which would make it easier for someone on a limited income or a young family.  This would increase the tax base and get rid of the structures already there that would take excessive repair.

 

Chair Braun opined that this is a wonderful opportunity to take a house that is obviously substandard and be able to turn it into two taxable parcels and to provide Habitat with much needed land, which is something difficult for them to find.  Chair Braun opined that a townhouse would blend in wonderfully.

 

Commissioner Melena opined that he agreed completely.

 

Motion made by Commissioner Herman and seconded by Commissioner Pick to approve and forward a recommendation of approval to the City Council regarding the use by exception request, Section 90-205(2) townhouse of the Wayne Municipal Code.  Chair Braun stated the motion and second.  Roll call vote was taken with the following:  Commissioner Nelson – aye; Commissioner Melena – aye; Commissioner Herman – aye; Commissioner Pick – aye; Commissioner Miller – aye; Chair Braun – aye.  Chair Braun stated that the motion carried unanimously.

 

Inspector Ellyson distributed some maps to the Commission regarding the second public hearing.  Inspector Ellyson stated that he had not received any comments either for or against the rezoning request.

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Inspector Ellyson stated that there is a great deal of public awareness with some residential properties in the area that are currently zoned industrial.  Inspector Ellyson noted that he has been in contact with at least one property owner in the area.  Not only will the comprehensive plan be looked at with regards to this area, but also is there any way the industrial zoning designation can be modified to be more compatible with what is currently there.  If a structure is damaged fifty percent or greater by a natural disaster and it is a legal non-conforming structure, which residential structures would be, the structure could not be rebuilt.  The homeowners in the neighborhood became aware of this as a result of the rezoning request.  These are areas that will need to be looked at during the comprehensive plan update.

 

Chair Braun stated the time was at hand to open the second public hearing regarding the request to rezone from I-1 Industrial to B-2 Central Business District for 100 South Pearl, applicants Accounting Plus (Ray and Marta Nelson).

 

Marta Nelson was present to answer any questions.  Ms. Nelson stated that they applied for the rezoning request from I-1 to B-2 in the event that if something should happen to the building, they would not currently be able to rebuild.  Ms. Nelson further stated that they would like to add-on to the south and west of the structure.  The rezoning classification would allow them to build nearly to the lot line with a ten foot frontage.

 

Inspector Ellyson noted that most everyone in the area would be considered legal non-conforming structures.

 

Chair Braun asked for any further comments from the public.

 

Michael Fluent, 115 South Lincoln, was present to address the Commission.  Mr. Fluent stated that he has lived at this address for 32 years and did not know that if his house would burn, he could not rebuild.  Part of the reason, Mr. Fluent stated that he came to the meeting, was to ask the Commission to review the entire town and let residences who fall into this situation, know about this. 

 

Inspector Ellyson stated that with revisions of the comprehensive plan that will commence very shortly, these are areas that will be reviewed within the review of the comprehensive plan.  Areas like this will be addressed and taken care of.  Inspector Ellyson noted that one thing the public needs to be aware of is that, as the comprehensive plan is revised, that is a part of the community input into the comprehensive plan review. 

 

 

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Mr. Fluent questioned if his home where to be destroyed today, could he spot rezone or change it after the fact or is it just done?

 

Inspector Ellyson stated that the zoning ordinance lines as drawn, are law, and until Council changes those lines, with a vote to approve a zoning change that the Planning Commission recommends, are law.

 

Commissioner Pick questioned Ms. Nelson about her statement concerning insurance.  Ms. Nelson stated that she would receive insurance monies if the structure was destroyed, but due to the zoning designation, the structure could not be rebuilt.

 

Chair Braun asked for any further public comments, there being none, Chair Braun closed the public hearing and opened discussion among the Commission.

 

Commissioner Melena questioned Inspector Ellyson, as a new member, to please explain if changing from I-1 to B-2, what are the regulations surrounding B-2 and how does it affect the property owners that are currently there.

 

Inspector Ellyson stated that it makes the current property a legal conforming use and therefore is subject to all of the benefits of the B-2 zoning district.  This has no impact on the neighbors; they remain a legal non-conforming status as they are still zoned I-1.

 

Chair Braun asked for any further comments from the Commission.

 

Commissioner Miller stated that Mr. Nelson is an employee in a company he has part ownership in.  Is this proper for him to vote on the request?

 

Administrator Johnson stated that during a conversation with the City Attorney, Commissioner Miller should refrain from voting on this matter.

 

Chair Braun stated that she would entertain a motion.  Motion made by Commissioner Melena and seconded by Commissioner Herman to forward a recommendation of approval to the City Council for the request to rezone from I-1 Industrial to B-2 Central Business District for 100 South Pearl.  Chair Braun stated the motion and second.  Roll call was taken:  Commissioner Pick – aye; Commissioner Herman – aye; Chair Braun – aye; Commissioner Melena – aye; Commissioner Nelson – aye.  Chair Braun stated the motion carried unanimously, with Commissioner Miller recusing himself. 

 

 

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Chair Braun stated the time was at hand for the public hearing regarding amending the Wayne Municipal Code Section 90-10 Definitions; Section 90-235 Exceptions (R-2 Residential); Section 90-299 Exceptions (R-4 Residential); Section 90-300 Conditions and Granting Exceptions (R-4 Residential); Section 90-710 Parking Regulations; Section 90-835(c)(5) Exception Use Standards, all amendments related to Boarding House/Rooming House/Lodging House.

 

Inspector Ellyson stated for the Commission that the Boarding House language has come before the Commission at the request of Council.  Approximately three years ago, there was a similar ordinance.

 

Chair Braun stated the language had been repealed in December of 2002.

 

Inspector Ellyson stated that the language before the Commission is similar to the original language in that it states and stipulates some things that are required to be identified as a boarding house. There are a few more restrictions than the previous language, some a little more restrictive than what was in the original language. Chair Braun along with two members from Council were on a review board that drafted the specific language and it was then reviewed by the City Attorney. Pending any changes or recommendations from the Commission, Council would like to process forward unless the Commission has some objections to the amended language.

 

Chair Braun stated that she met with Council members Don Buryanek and Dr. Will Wiseman a few times regarding the boarding house language.  Chair Braun stated that there was a request from a couple people in Wayne seeking to add Boarding House/Rooming House language to the code. 

 

Chair Braun stated that the Commission could decide to forward a recommendation or not forward a recommendation to the Council, either way Council will review the language.

 

Chair Braun opined that she hoped the Commission had a chance to read through the proposed ordinance, and questioned if there was anything in the ordinance that they thought was excessive with someone having to meet the boarding house requirements.  Chair Braun noted for the Commission that it would come before them as a Use by Exception in the R-2, R-3, and R-4.

 

Chair Braun opined that anyone who wants to convert their existing home into a boarding house obviously has to seek a use by exception before the Commission and City Council. Chair Braun opined that the highlights of the ordinance are no more than six occupants in the house; minimum square footage of the bedroom

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is 120 square feet.  Under the old language the minimum square footage was 90 square feet.  Some background logic on this is that this is the occupants own personal space, once you put in a bed, computer, TV, one needs something a little bit bigger to call their own.

 

Commissioner Herman questioned the significance of structures built before 1979.

 

Inspector Ellyson stated that 1979 was the year the City adopted zoning.

 

Chair Braun then closed the public hearing.

 

Commissioner Herman questioned how do you define a boarding house different than you would a house full of people.

 

Chair Braun stated that right now one is only able to rent to four non-related people.  Chair Braun stated that if you own a two-family dwelling, you could rent to eight people, but then you need to meet the two-family dwelling requirements, such as two separate hot water heaters, two separate furnaces.  But for a boarding house, the owner does not need to meet those requirements but they are able to rent to six people.

 

Inspector Ellyson stated that if one was to go back to 1995/1996 when Council adopted the 90-10 Family definition, it was felt at that time that the major problem that the neighborhoods were facing at that time, caused Council to look at the number four persons in a structure, was focused around parking and parking issues at the time.  And in 1996 Council felt this was a way to reduce some of the impact on the neighborhood by regulating the number of occupants in a structure.

 

Commissioner Herman questioned if there was currently a boarding house in Wayne.

 

Inspector Ellyson stated there was one boarding house in Wayne, located at the former Pair-A-Dice building.

 

Commissioner Pick owns the boarding house structure and explained that there are six bedrooms and two full baths, which would allow four people to utilize the bathroom facilities at one time. The showers however are separate.  Commissioner Pick explained that she has only rented to six people once. 

 

 

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Chair Braun questioned if it was that the six people could not get along. Commissioner Pick opined that it is much harder for six people to get along and to make it work.  Commissioner Pick further opined that she has found that four people get along much better than six.

 

Chair Braun opined that she feels there is a need for boarding houses in the community as Wayne hosts a state college.  And even Dave Ptak, who spoke before the last Commission meeting, stated that Wayne offers a variety of housing opportunities.

 

Commissioner Pick questioned if this came about because of the fraternities and sororities.

 

Commissioner Herman questioned if the city has to regulate the parking for the fraternities and sororities.  Inspector Ellyson stated there is nothing within the code that addresses sororities and fraternities. 

 

Inspector Ellyson stated for the Commission that he and the city attorney had worked through the ordinance using the bulleted items provided by the committee who had worked on the language.

 

Commissioner Miller questioned if this language was a means of getting around the previous language the Commission worked on for the rental properties.

 

Inspector Ellyson stated that it was not.  The proposed language is independent and different from the registration of the rental properties. 

 

Commissioner Pick questioned if two people could occupy one bedroom.  Inspector Ellyson stated that the language only allows for one person per bedroom.

 

Commissioner Herman noted for the Commission if anyone had seen the TKE house. To him, it seems as if the Commission would be allowing something like this, where there are ten cars filling up the back yard, as long as it is paved parking, and then having eight friends there.

 

Commissioner Herman opined that he owns property near the TKE house.  Commissioner Herman opined that he has seen up to twenty cars parked in the alley behind the TKE house and nothing is done about the situation.

 

 

 

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Inspector Ellyson opined that he has addressed several issues with regards to the TKE house.  The TKE house has a Board of Directors and communicating with them is difficult. There are some ongoing issues with the structure that have been addressed as a nuisance violation.  Staff is not unaware of that particular structure and is addressing the issues.

 

Commissioner Herman opined that he sees a boarding house and he sees a TKE house, which is similar to a boarding house in that particular neighborhood that attracts fifteen to twenty cars in the back yard and alley.  A property owner in that area probably would not want to see something like that.  Commissioner Herman opined that if the boarding house language were approved, then one would be making that type of situation acceptable, granted there would be more stipulations.  Even with eight parking spaces and five friends, that means there are thirteen cars in a quarter of a block radius that is going to clog up the neighborhood.

 

Administrator Johnson opined that most times the issues are outside of the structure and not on the inside and that is the impact on the neighborhood.

 

Commissioner Herman questioned what separates the TKE house from the other property owners in town that have to conform to the zoning regulations set forth.

 

Chair Braun stated that ultimately the Planning Commission does not have to send a recommendation to the Council. Chair Braun noted that she had been given some information regarding a community in California. The City Council there decided that rooming house/boarding house was a commercial venture and was not appropriate in any residential zoning district.

 

Administrator Johnson opined that is why the use by exception process allows the Commission to determine whatever they want and for the protection of the neighborhood.

 

Chair Braun stated that she would entertain a motion if there is no more discussion regarding boarding houses. 

 

Commissioner Herman made a motion to not adopt the boarding house language. Chair Braun asked if there was a second. 

 

Chair Braun questioned if they could contact one of the city attorneys's to get their legal opinion on what the procedure is, should the Commission forward a recommendation to not adopt the language or if no action is taken by the Commission.

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A phone call was placed to Chris Connolly, city attorney.  Mr. Connolly stated that whether the Commission forwards a recommendation to not adopt the language or if no action is taken, the matter would still move forward to the City Council and the Council would then hear the matter in a public hearing format, as the Planning Commission has already heard the matter in a public hearing format.

 

Chair Braun stated that a motion had been made by Commissioner Herman to disapprove the revisions as stated in the proposed written ordinance.  Chair Braun stated that since there is no second, the motion dies.

 

Commissioner Miller questioned if nothing is forwarded to Council then the previous language, which is less restrictive, would still stand.

 

Inspector Ellyson stated that the previous boarding house language had been repealed. There is no boarding house language in the zoning regulations.

 

Commissioner Miller opined that during previous discussions of the Commission about use by exceptions, primarily because of the four unrelated restriction, it became evident that there are several homes that have the capacity of more than four people.

 

Commissioner Herman opined that the homes may have had the internal capacity for more than four, but there are few homes that could handle the parking capacity for ten to twelve cars.

 

Chair Braun noted that in the information she got from California, it the proposed ordinance the one car per tenant plus two per structure, in California this is not adequate.  California law states that if you have six people living, chances are you will need at least four additional parking spaces per structure because of guests visiting.

 

Commissioner Miller questioned if parking was made more restrictive would that limit what the Commission is trying to get away from; meaning four additional spaces in addition to one space per bedroom.  It seems most of the problems that have come up in the past, steam from parking.

 

Inspector Ellyson opined that Council would probably entertain the thought of more restrictive language.

 

Administrator Johnson stated that parking is one of the complaints received the most.

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Chair Braun opened discussion up for another motion.  Commissioner Nelson stated that the Planning Commission should refrain from making a motion but should make a recommendation to the Council, that the Commission does not like boarding houses based on inadequacy of parking and the effect that boarding houses, the Planning Commission perceives, would have on the immediate neighborhood.  This statement was then made into a motion by Commissioner Nelson.  Commissioner Melena seconded the motion. Chair Braun stated the motion and second. Roll call vote was taken:  Nelson – yea, Melena – yea, Herman – nay, Miller – yea.  Commissioner Pick did not vote due to conflict of interest.  Chair Braun – yea.  Chair Braun stated that since there were not five concurring votes, the motion died.

 

Chair Braun stated the next item on the agenda is the discussion item amending the Wayne Municipal Code by adding Article 7, Division 6, Affordable Housing Planned Unit Development, presented by City Administrator Lowell Johnson.

 

Lowell Johnson, City Administrator for Wayne, was present to discuss the Affordable Housing Planned Unit Development (AH-PUD).  Administrator Johnson stated that included in the Commission's packet was a description of a proposal that would allow George and Lowell, on behalf of the Planning Commission and Council, to negotiate basically affordable housing arrangements if people want to do residential development looking for helping those people who want to live here, own some property and cannot make the $30,000 per lot purchase price.

 

Administrator Johnson stated the concept is fairly simple.  The concept included in the Commission's packet gives the ability to Lowell and George to negotiate deals for incentives for developers to develop small areas of property that compete with the surrounding communities as far as lot cost.  Administrator Johnson went on to explain the concept to the Commission, through an example.

 

Further discussion took place among the Commission members and Administrator Johnson regarding the AH-PUD.

 

Administrator Johnson opined that if the Commission is interested, then he would like to start working with Inspector Ellyson and get a public hearing set for the Commission to officially consider the proposal.

 

Chair Braun then moved onto the final agenda item, setting dates to interview firms regarding the comprehensive plan update.

 

 

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Inspector Ellyson stated that six proposals have been received.  Administrator Johnson and he are reviewing the proposals and will then forward the firms onto the Commission.  Inspector Ellyson stated that he would like the Commission to pick two dates to do personal interviews, preferably two per meeting time, if four firms are chosen to interview.

 

Administrator Johnson suggested bringing four of the six proposals to the Commission. 

 

Commissioner Miller questioned how much time is given to each firm for their interview and is more than one firm in the room at the same time.

 

Administrator Johnson stated that each firm is given about 45 minutes to present and allow for a question and answer period and then the Commission is given about 15 minutes to discuss between interviews.

 

Administrator Johnson briefly explained the interview process to the Commission.

 

Inspector Ellyson asked that the Commission interview four firms before the next regular meeting of the Commission on July 11, which is when the Commission would forward a recommendation to the City Council on which firm to choose.

 

After some discussion, consensus of the Commission was to set June 20 and June 23, with two interviews each night, with times set for 6:00 and 7:00 p.m. each night.

 

There being no further business, motion made by Commissioner Pick and seconded by Commissioner Herman to adjourn the meeting. Chair Braun stated the motion and second.  All were in favor, motion carried unanimously.  Meeting was adjourned.